Supreme Court Sets Aside Clemency, Upholds Death Sentence on Maryam Sanda

In a stunning judicial reversal that reignites public debate on executive clemency and the justice system, the Supreme Court of Nigeria has set aside the pardon previously granted by President Bola Tinubu to Maryam Sanda. The apex court delivered its final verdict on Thursday, December 12, 2025, unequivocally affirming the death sentence initially handed down to Sanda for the murder of her husband, Bilyaminu Bello. This ruling confirms the judgment of the lower courts and nullifies the presidential act that briefly offered her freedom.

Maryam Sanda was initially convicted and sentenced to death by hanging in January 2020 by the Federal Capital Territory (FCT) High Court. The conviction stemmed from the widely publicized 2017 incident where she was found guilty of fatally stabbing her husband, Bilyaminu Bello, a nephew of former PDP Chairman Alhaji Bello Halliru Muhammad. This conviction was subsequently upheld by the Court of Appeal.

However, the case took an unexpected turn in 2024 when President Bola Tinubu, acting on the recommendation of the Presidential Advisory Committee on Prerogative of Mercy (PACPM), included Maryam Sanda in a list of convicts granted clemency. This executive intervention sparked massive public outrage, with critics arguing that the severity of her crime, a conviction for murder, did not warrant such mercy.

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The Supreme Court ruling directly addressed the legality and appropriateness of the executive clemency. The court noted that the President’s power of prerogative of mercy is not absolute and must be exercised judicially, responsibly, and in the overriding interest of justice and public policy.

The key points raised by the Supreme Court were:

1. Legal Error in Pardon: The Supreme Court found that the process leading to the clemency was legally flawed, suggesting the President or the PACPM may have exceeded their powers or failed to consider all relevant facts, particularly the grave nature of the offense and the clear affirmation of the death sentence by the Court of Appeal.
2. Affirmation of Death Sentence: The court meticulously reviewed the evidence from the trial court, concluding that the prosecution successfully proved the charge of culpable homicide punishable by death against Sanda. The court upheld the death sentence by hanging as appropriate for the crime committed.

The decision effectively overturns the administrative decision of the executive branch, asserting the judiciary’s final authority in criminal justice matters, particularly those that have reached the highest court in the land.

With the Supreme Court being the final appellate court in Nigeria, its judgment in this case is final. Maryam Sanda now returns to her status as a convict under the full sentence of death by hanging, subject only to the final signature of the state Governor for execution. The verdict has been hailed by some as a restoration of judicial integrity and a powerful deterrent against domestic violence and murder.