The Supreme Court of Nigeria has nullified the presidential pardon granted to Maryam Sanda, reinstating the death sentence by hanging originally imposed on her for the murder of her husband, Bilyaminu Bello, during a domestic altercation in 2017.
Sanda was convicted and sentenced to death by the High Court of the Federal Capital Territory (FCT) in January 2020, a decision later upheld by the Court of Appeal. However, in October 2025, President Bola Ahmed Tinubu granted her a compassionate pardon, commuting the death penalty to 12 years’ imprisonment—a move that sparked nationwide debate on executive powers and their limits in ongoing criminal proceedings.
In a landmark judgment delivered on Friday, a four-to-one majority of the Supreme Court overturned the presidential action, declaring that the pardon was issued prematurely and in violation of established legal procedures. The apex court held that the Executive could not validly alter a sentence while the matter was still pending on appeal, noting that such intervention undermines the constitutional separation of powers.
Delivering the lead judgment, Justice Moore Adumein affirmed that the prosecution had proven its case against Sanda beyond reasonable doubt, maintaining that the circumstantial and direct evidence presented during trial conclusively established her responsibility for her husband’s death. He emphasized that the Court of Appeal acted correctly in upholding the trial court’s findings.
Justice Adumein further ruled that the presidential commutation lacked legal footing because the judicial process had not been exhausted, making the pardon procedurally defective:
“It is inappropriate, and indeed unconstitutional, for the Executive to exercise the power of pardon in an ongoing criminal matter where appellate review has not been concluded. The sanctity and finality of judicial proceedings must be preserved.”
With the Supreme Court’s decision, the death sentence previously imposed on Sanda now stands restored, marking a rare instance in which the judiciary has overturned a presidential pardon on grounds of due process and constitutional fidelity.
Legal analysts describe the ruling as a significant reaffirmation of judicial independence and a strong message on the limits of executive clemency, particularly in cases involving capital punishment and ongoing appeals.
The judgment is expected to trigger broader national conversations on executive powers, the administration of criminal justice, and the balance between compassion and legality in Nigeria’s system of clemency.
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