The Supreme Court has overturned President Bola Tinubu’s decision to commute the death sentence of Maryam Sanda, ruling that the Executive acted outside its constitutional powers by granting clemency while her appeal was still active in court.

In a 4–1 split judgment delivered on Friday, the apex court reinstated the death penalty earlier imposed on Sanda by the Federal Capital Territory High Court and upheld by the Court of Appeal.

Sanda was convicted in 2020 for the murder of her husband, Bilyaminu Bello, during a domestic dispute in their Abuja residence.

The Supreme Court dismissed Sanda’s appeal, affirming that the prosecution successfully established a case of culpable homicide beyond reasonable doubt.

Reading the lead judgment, Justice Moore Adumein held that the presidential pardon was procedurally improper because the matter had not reached final judicial determination.

“It was wrong for the Executive to exercise its power of pardon over a case of culpable homicide in which an appeal was pending,” Justice Adumein stated

The decision nullifies President Tinubu’s October decision to commute Sanda’s death sentence to 12 years in prison, a move the Presidency said was motivated by compassion and her “good conduct” in custody.

The commutation had formed part of a revised clemency list that initially contained 175 names before several were removed due to the severity of their offences.

The presidential decision generated intense public debate and was strongly opposed by Bello’s family. Following consultations with the Council of State and reactions from the public, the Presidency later clarified that some names had been withdrawn from the list due to concerns over crimes such as kidnapping and arms-related offences.

Friday’s Supreme Court judgment has reinstated Sanda’s original death sentence, nullifying the earlier commutation by the President.

She had already spent roughly six years in custody, and the reduced sentence would have left her with about six years to complete.