THE Supreme Court on Friday voided the pardon granted by President Bola Tinubu to Abuja housewife, Ms Maryam Sanda, reinstating the death sentence earlier handed down by lower courts.
Ms Sanda was convicted in 2020 and sentenced to death by hanging for killing her husband, Mr Bilyaminu Bello, during a domestic fight.
Delivering the lead judgment, Justice Moore Adumein ruled that the prosecution had proved its case beyond reasonable doubt and held that the Court of Appeal was right to affirm the conviction. He added that the executive lacked the power to grant a pardon in a culpable homicide case that was still pending on appeal.
In a 4–1 split decision, the apex court dismissed Sanda’s appeal for lack of merit and affirmed the death sentence upheld by the Court of Appeal and originally imposed by the FCT High Court.
Tinubu had recently commuted Ms Sanda’s sentence to 12 years’ imprisonment on compassionate grounds, but that decision has now been set aside by the Supreme Court.
Story background
On October 11, President Bola Tinubu granted pardons to armed robbers, fraudsters, drug offenders, murderers, activists and other offenders after the National Council of State had given its approval for clemency.
READ ALSO: Drug barons, armed robbers, fraudsters among 175 persons pardoned by Tinubu
Among individuals pardoned was Sir Herbert Macaulay who was banned from public office for misappropriation of funds and sentenced in 1913 by the British colonialists.
Special Adviser to the President on Information and Strategy, Mr Bayo Onanuga, said in a statement that the long list included: Mamman Vatsa, Maryam Sanda, Ken Saro Wiwa, and the other Ogoni Eight, among others.
President Tinubu’s clemency was granted to most of the individuals based on the reports that they had shown remorse and good conduct, Mr Onanuga said.
The statement noted that the president forgave some of the offenders, including fraudsters, due to old age, the acquisition of new vocational skills, or enrollment in the National Open University of Nigeria (NOUN).
“President Tinubu also corrected the historic injustice committed by British colonialists against Sir Herbert Macaulay, one of Nigeria’s foremost nationalists,” Mr Onanuga further said.
The Presidential Advisory Committee on the Prerogative of Mercy, chaired by Attorney-General and Minister of Justice, Mr Lateef Fagbemi, had recommended pardon for two inmates, 15 former convicts, 11 of whom have died.
The committee recommended clemency for 82 inmates and commutation of sentences for 65 inmates. Seven inmates on death row also benefited from the pardon, with the committee recommending that President Tinubu commute their death sentences to life imprisonment.
Mr Fagbemi presented the committee’s report at the Council of State meeting, chaired by President Bola Tinubu.
Several Nigerians had criticised the list, urging the president to cancel it. Chief Executive Officer of the Centre for the Promotion of Private Enterprise (CPPE), Dr Muda Yusuf, said extending clemency and pardon to persons convicted of corruption, financial fraud, illegal mining, murder, and drug-related crimes had far-reaching economic and social consequences for Nigeria.
On October 30, the president withdrew the pardon earlier granted to Ms Sanda and 174 convicts as public opinions raged over the list.
A statement issued by Mr Onanuga, read, “Consequently, certain persons convicted of serious crimes such as kidnapping, drug-related offences, human trafficking, fraud, unlawful possession of firearms/arms dealing, etc., were deleted from the list. Others who had been hitherto pardoned in the old list had their sentences commuted.”
Mr Onanuga said, “This action became necessary in view of the seriousness and security implications of some of the offences, the need to be sensitive to the feelings of the victims of the crimes and society in general, the need to boost the morale of law-enforcement agencies, and adherence to bilateral obligations.”
He stressed that the concept of justice “as a three-way traffic for the Accused, the Victim, and the State/Society also guided the review.”
