The Supreme Court on Friday overturned President Bola Tinubu’s decision to commute the death sentence of Maryam Sanda. The court ruled that the President acted outside his powers since her appeal was still pending.

In a four to one split judgement, the apex court affirmed the death sentence earlier issued by the FCT High Court and upheld by the Court of Appeal. Sanda was convicted in 2020 for killing her husband, Bilyaminu Bello, during a domestic dispute in Abuja.

The court dismissed her appeal and held that the prosecution had proved culpable homicide beyond reasonable doubt.

Justice Moore Adumein, who delivered the lead judgement, said the executive could not grant clemency in a case still before the courts. He described the President’s intervention as “wrong” and “improper”.

President Tinubu had reduced Sanda’s sentence to 12 years in October after approving a revised clemency list. His adviser, Bayo Onanuga, said the decision was taken on compassionate grounds and in the interest of her children, noting her “remorsefulness”. The action triggered criticism, including objections from Bello’s family.

The Presidency later reviewed the list again after consultations with the Council of State and growing public concern. Several names were removed, including individuals convicted of kidnapping, drug offences and arms dealing.

With Friday’s ruling, the Supreme Court has reversed the President’s action and restored the original sentence. Sanda, who has spent about six years in custody, now remains under a death sentence.

The judgement also intensifies scrutiny of the President’s powers under Section 175 of the Constitution. The court made clear that clemency cannot be granted while a case is still undergoing judicial review.