Supreme Court Reinstates Death Sentence for Maryam Sanda, Citing Inappropriateness of Presidential Pardon
The Nigerian Supreme Court has reinstated the death sentence for Maryam Sanda, who was convicted of the culpable homicide of her husband, Bilyamin Bello. In a significant ruling, the apex court declared President Bola Tinubu’s earlier decision to grant Sanda clemency as inappropriate, particularly while her appeal was still under judicial consideration.
Sanda, the daughter-in-law of a former National Chairman of the Peoples Democratic Party, was found guilty of fatally stabbing her husband at their residence in the Federal Capital Territory in 2017. An Abuja High Court handed down a death sentence by hanging on January 27, 2020.
Following this conviction, Sanda appealed the death sentence. Despite having served approximately six years and eight months in Suleja Correctional Centre, President Bola Tinubu later exercised his executive prerogative to commute her sentence to 12 years imprisonment. The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, had previously stated that Sanda’s inclusion in the presidential pardon was based on “compassionate grounds and in the best interest of the children.” He further elaborated that her positive conduct while in custody, characterized as “good conduct, embraced new lifestyle, model to prisoners and remorsefulness,” contributed to the justification for clemency.
However, the Supreme Court, in a split decision of four to one by a five-member panel, has overturned the presidential pardon and reinstated the original death sentence. The court found no merit in Sanda’s appeal against her conviction.
Judicial Scrutiny of Presidential Clemency
Delivering the lead judgment, Justice Moore Adumein affirmed that the prosecution had successfully proven its case beyond a reasonable doubt. The Justice also stated that the Court of Appeal had acted correctly in upholding the trial court’s verdict.
A key element of the Supreme Court’s ruling was its strong disapproval of President Tinubu’s intervention. The court held that it was improper for the head of the executive branch to grant a pardon in a capital offense case while a judicial appeal was actively pending. This stance underscores the principle of separation of powers and the sanctity of ongoing legal processes.
The Case of Maryam Sanda: A Timeline of Events
- 2017: Maryam Sanda fatally stabs her husband, Bilyamin Bello, at their home.
- January 27, 2020: The Abuja High Court convicts Sanda of culpable homicide and sentences her to death by hanging.
- Post-Conviction: Sanda appeals the death sentence. She spends approximately six years and eight months in Suleja Correctional Centre.
- Presidential Pardon: President Bola Tinubu commutes Sanda’s sentence to 12 years imprisonment, citing compassionate grounds and the welfare of her children, alongside her good conduct in custody.
- Supreme Court Ruling: The apex court, in a four-to-one majority decision, reinstates the death sentence, deeming the presidential pardon inappropriate given the pending appeal. The court dismisses Sanda’s appeal against her conviction.
The Supreme Court’s decision highlights the complex interplay between executive clemency and judicial review. By reinstating the death sentence, the court has asserted the primacy of the judicial process in matters of grave criminal convictions, particularly when appeals are still before the courts. The ruling serves as a strong statement on the boundaries of executive power in relation to the judiciary’s role in dispensing justice.
