The Supreme Court on Friday rejected the presidential pardon granted to Maryam Sanda, affirming the death sentence for the killing of her husband, Bilyaminu Bello.
Ms Sanda, a housewife based in Abuja and daughter-in-law of a former National Chairman of the Peoples Democratic Party (PDP), was convicted of stabbing her husband to death at their Abuja residence in 2017.
An Abuja High Court had sentenced her to death by hanging on January 27, 2020, a decision later upheld by the Court of Appeal, Abuja.
President Bola Tinubu had exercised his executive powers to reduce her sentence to 12 years on compassionate grounds, citing her conduct in prison and the welfare of her children.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, explained that her inclusion in the presidential pardon was based on “compassionate ground and in the best interest of the children,” noting that Sanda had shown “good conduct, embraced a new lifestyle, acted as a model to prisoners and expressed remorsefulness.”
However, a five-member panel of the Supreme Court, in a split decision of four to one, overturned the reprieve and dismissed her appeal to quash the conviction.
Justice Moore Adumein, delivering the lead judgement, held that the prosecution had proven her guilt “beyond every reasonable doubt.”
He affirmed that the Court of Appeal was correct to uphold the trial court’s sentence.
Justice Adumein further ruled that it was improper for the President, as head of the executive arm, to exercise his powers to pardon Sanda while an appeal against her conviction was still pending.
“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,” he said.
The apex court also resolved all the issues Sanda raised in her appeal, dismissing them as without merit.
The judgement effectively reinstates the death sentence that had been reduced by the Federal Government, signaling that the judicial authority takes precedence in cases of culpable homicide.
Maryam Sanda had spent approximately six years and eight months at the Suleja Correctional Centre prior to the commutation.
With Friday’s decision, the death sentence imposed by the FCT High Court remains in force.
