The Supreme Court has nullified the presidential pardon earlier granted to Maryam Sanda, reinstating the death sentence imposed on her for the 2017 murder of her husband, Bilyaminu Bello. Sanda was convicted and sentenced to death by hanging in 2020 by an FCT High Court.
President Bola Tinubu had, in October, commuted her sentence to 12 years’ imprisonment on compassionate grounds.
However, in a landmark split decision of four to one, the apex court on Friday overturned the presidential intervention and affirmed the judgment of both the trial court and the Court of Appeal, which had upheld the conviction.
Delivering the lead judgment, Justice Moore Adumein ruled that the prosecution had proved its case beyond reasonable doubt and that the lower courts acted correctly in affirming the death sentence.
Justice Adumein further held that it was improper for the Executive to issue a pardon in a culpable homicide case while the matter was still pending before the courts. He described the action as inconsistent with the principles of due process.
The ruling represents a rare instance in which the Supreme Court has invalidated a presidential pardon, underscoring the judiciary’s resolve to maintain procedural sanctity in criminal cases, particularly those involving capital offences.
With the decision, Sanda’s death sentence stands reinstated.