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By Myke Agunwa
The Supreme Court on Friday affirmed the death sentence imposed on Maryam Sanda for the 2018 murder of her husband, Bilyaminu Bello, effectively overturning a recent presidential pardon granted by President Bola Tinubu.
President Tinubu had announced amnesty for Sanda and over 100 other inmates, following an advice by the Attorney General of the Federation, Prince Lateef Fagbemi (SAN).
Sanda was considered based on “good conduct, remorsefulness, and exemplary behaviour” in Suleja Prison, where she has been held for nearly seven years. The pardon also cited the welfare of her three young children.
However, the Supreme Court viewed the move as an overreach, particularly given the overwhelming evidence against Sanda, including eyewitness testimonies and forensic reports confirming the lethal injuries she inflicted.
The five-justice panel, in a split four-to-one decision delivered by Justice Moore Adumein, dismissed Sanda’s appeal as lacking merit and reinstated the capital punishment originally handed down by the Federal Capital Territory (FCT) High Court in Abuja on January 27, 2020.
The Court of Appeal had upheld that verdict on December 4, 2020, finding that the prosecution proved culpable homicide punishable with death beyond reasonable doubt.
Sanda, 37, the daughter-in-law of late Haliru Mohammed Bello, a former National Chairman of the Peoples Democratic Party (PDP), was convicted for fatally stabbing Bello during a heated domestic altercation on November 23, 2018, at their apartment in Maitama, Abuja. The incident, which shocked the nation due to the couple’s high-society ties, Bello being the son of a prominent politician, unfolded after Sanda allegedly discovered incriminating messages on her husband’s phone, leading to a violent confrontation where she inflicted multiple stab wounds to his neck and chest.
The apex court’s lead judgment emphasized that the pardon, which commuted Sanda’s sentence to 12 years’ imprisonment on compassionate grounds, was improperly issued while her appeal remained pending before the judiciary.
“It was wrong for the executive arm, headed by President Tinubu, to exercise pardon powers over a case of culpable homicide under active judicial review,” Justice Adumein ruled, stressing the separation of powers enshrined in Nigeria’s 1999 Constitution.
The dissenting opinion came from one unnamed justice, who reportedly sympathized with the humanitarian aspects of the pardon but was overruled by the majority. Legal experts hailed the decision as a victory for judicial autonomy, with constitutional lawyer Femi Falana (SAN) tweeting: “This reaffirms that no arm of government can subvert the rule of law, even for compassionate ends.”
Sanda, appearing somber in court flanked by her legal team, showed no immediate reaction as the judgment was read. Her counsel has hinted at exploring further legal avenues, though options appear limited following the exhaustion of appeals.