Supreme Court Overrules Tinubu’s Clemency, Reinstates Death Sentence for Maryam Sanda

In a dramatic reversal with far-reaching constitutional implications, the Supreme Court has invalidated President Bola Tinubu’s commutation of Maryam Sanda’s death sentence and reinstated her original punishment—death by hanging—for the 2017 killing of her husband, Bilyaminu Bello.
Sanda had earlier been one of the beneficiaries of a presidential clemency list released by the Presidency, which reduced her sentence to 12 years imprisonment on what officials described as “compassionate grounds.” The decision, published in an official gazette by Presidential Adviser Bayo Onanuga, cited her good conduct in prison, her transformation into a “model inmate,” and the need to safeguard the welfare of her children.
But in a landmark 4–1 ruling delivered on Thursday, a five-member panel of the apex court held that the President lacked the constitutional power to interfere in a criminal matter still undergoing judicial review. The court declared that executive clemency cannot override or pre-empt the outcome of an appeal pending before the courts.
Justice Moore Adumein, who delivered the lead judgment, said both the trial court and the Court of Appeal had “properly evaluated” the evidence presented by the prosecution and reached an unimpeachable verdict. He affirmed that the prosecution proved beyond reasonable doubt that Sanda stabbed her husband to death during a heated domestic dispute at their Maitama residence in 2017.
“The decision of the Court of Appeal, which affirmed the sentence of the trial court, is unassailable,” the Supreme Court stated, dismissing Sanda’s appeal in its entirety.
Sanda, who was convicted on January 27, 2020, has spent six years and eight months in custody at the Suleja Correctional Centre. Her case generated intense public debate—first at trial, then during her appeal, and again when President Tinubu’s commutation was announced weeks ago.
Attorney General of the Federation, Lateef Fagbemi (SAN), had defended the clemency, insisting the President acted within his discretion by considering her emotional state, remorse, and good behaviour. Yet Thursday’s ruling now casts deep uncertainty over the force of that presidential action.
By restoring Sanda’s original sentence, the Supreme Court has not only sealed her legal fate but also reignited a constitutional conversation about the limits of executive pardon, the separation of powers, and the boundaries of presidential compassion.