The Supreme Court of Nigeria has reinstated the death sentence of Maryam Sanda, ruling that President Bola Tinubu acted outside his constitutional powers by commuting her sentence while her appeal was still ongoing. The judgment, delivered on Friday, has sparked renewed national debate over presidential pardons, executive overreach and the limits of Section 175 of the Constitution.
In a 4–1 split decision, the apex court affirmed Sanda’s conviction for the murder of her husband, Bilyaminu Bello, and upheld earlier rulings by both the FCT High Court and the Court of Appeal. Justice Moore Adumein, who delivered the lead judgment, described the presidential clemency as “wrong and improper,” noting that the executive cannot interfere in cases that remain under active judicial consideration.
Sanda, convicted in 2020 and on death row for nearly six years, had her sentence reduced to 12 years in October after President Tinubu approved a revised clemency list. The Presidency defended the decision on “compassionate grounds,” citing her good conduct and the welfare of her children.
However, the clemency generated public outcry and objections from Bello’s family. Following wider consultations, the Presidency later revised the list, removing several controversial names, including individuals convicted of kidnapping and drug offences.
Friday’s Supreme Court ruling has now nullified the presidential intervention, restoring the original death sentence and reinforcing judicial authority in ongoing criminal cases. The decision is expected to shape future interpretations of presidential powers, especially regarding pardons granted before final court judgments.
