Supreme Court Nullifies Tinubu’s Commutation of Maryam Sanda’s Death Sentence

The Supreme Court has overturned President Bola Tinubu’s decision to commute the death sentence of Maryam Sanda, ruling that the executive acted outside its constitutional powers by granting clemency while her case was still undergoing judicial review.

In a split decision of 4–1, the apex court on Friday affirmed the death sentence earlier handed down by the Federal Capital Territory High Court and upheld by the Court of Appeal. Sanda was convicted in 2020 for the murder of her husband, Bilyaminu Bello, during a domestic dispute in their Abuja residence.

Presidential Clemency Declared Invalid

Justice Moore Adumein, delivering the lead judgment, held that the President had no authority to intervene in a matter still pending before the courts.

“It was wrong for the Executive to seek to exercise its power of pardon over a case of culpable homicide, in respect of which an appeal was pending,”
— Justice Moore Adumein

The court ruled that because Sanda’s appeal had not been fully exhausted, Tinubu’s October decision to reduce her sentence to 12 years’ imprisonment was legally improper.

Timeline of Controversial Clemency

President Tinubu’s commutation of Sanda’s death sentence was part of a revised clemency list, which initially included 175 inmates. Several names were later removed after public backlash and internal review, with the Presidency citing the “nature of their crime.”

Presidential Adviser Bayo Onanuga defended Sanda’s inclusion at the time, describing the decision as grounded in compassion, noting her remorse, good conduct, and the need to consider the welfare of her children.

The clemency, however, sparked public debate—especially from Bello’s family, who objected strongly to the commutation.

Supreme Court Reinstates Death Sentence

Friday’s ruling reverses the President’s intervention entirely. Sanda, who has spent about six years in custody, would have had roughly six years left to serve under the commuted sentence. With the Supreme Court’s judgment, the original death penalty is reinstated.

Implications for Presidential Powers

The decision adds to growing scrutiny of the President’s authority under Section 175 of the Nigerian Constitution, which empowers the executive to grant pardons, reprieves, and commute sentences.

The Supreme Court made it clear that such powers cannot be exercised while a case remains active within the judicial process, reaffirming the separation of powers between the executive and the judiciary.

The ruling is expected to influence future clemency decisions and may prompt a review of how the Presidency processes and approves pardon lists.