By Austin Ogwuda
… voids the presidential clemency, affirms the death sentence earlier passed the lower Courts
THE Supreme Court of Nigeria has set aside President Bola Tinubu’s decision to commute the death sentence of Maryam Sanda, insisting that she must face the death penalty as earlier passed by the lower Courts.
It ruled that Executive exceeded its powers by issuing a pardon while her appeal was still pending before the courts.
Delivering judgment today (Friday), the apex Court, in a split decision of four to one, affirmed the death sentence imposed on Sanda by the Federal Capital Territory High Court and upheld by the Court of Appeal.
The court dismissed her appeal, holding that the prosecution had proved the charge of culpable homicide beyond reasonable doubt.
Delivering the lead judgment, Justice Moore Adumein held that the Court of Appeal was right to affirm the trial court’s decision, pointing out that the presidential intervention was improper given the state of the case.
Justice Adumein stated, “It was wrong for the Executive to seek to exercise its power of pardon over a case of culpable homicide, in respect of which an appeal was pending”.
Sanda was convicted in 2020 for killing her husband, Bilyaminu Bello, during a domestic dispute in their Abuja home.
*Source: The Guardian
