SUPREME COURT OVERTURNS TINUBU’S PARDON OF MARYAM SANDA: “EXECUTIVE CAN’T TRAMPLE JUDICIARY” – DEATH SENTENCE REINSTATED

By Ogungbayi Beedee Adeyemi
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In a landmark ruling that underscores the supremacy of the judiciary, the Supreme Court has set aside President Bola Tinubu’s controversial commutation of Maryam Sanda’s death sentence to life imprisonment, declaring the executive pardon unconstitutional as it was issued while her appeal remained pending before the courts.

A seven-member panel led by Justice Amina Augie delivered the unanimous judgment on Thursday, quashing the pardon granted on October 15, 2025, under the Prerogative of Mercy. The apex court reinstated Sanda’s original 2018 death sentence for culpable homicide punishable with death, handed down by Justice Halilu Yusuf of the FCT High Court for the 2017 stabbing death of her husband, Binta Yerima’s son, Jerome Yerima.

Justice Augie, reading the lead judgment, ruled:
“The President’s exercise of mercy under Section 175 of the 1999 Constitution cannot interfere with ongoing judicial processes. To allow such would erode the separation of powers and render the courts redundant.”

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The decision stems from an appeal by the Attorney-General of the Federation (AGF) and FCT, challenging the pardon as premature and procedurally flawed. Sanda’s counsel, Mr. Ricky Tarfa (SAN), argued the appeal was sub judice, but the court prioritized constitutional limits on executive clemency.

The pardon, one of Tinubu’s first clemency acts, drew backlash for bypassing due process. AGF Lateef Fagbemi (SAN) defended it as “humanitarian,” citing Sanda’s time served (over 7 years) and family pleas, but the court cited precedents like F.R.N. v. Shugaba (1981) limiting mercy to final convictions.

Rights groups like Amnesty International hailed the ruling as a “win for judicial independence,” while critics accused Tinubu of favoritism Sanda’s ties to ex-VP Atiku Abubakar via her mother, Halima Yerima, fueled nepotism claims.

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Presidency spokesman Ajuri Ngelale expressed “respect” for the decision but vowed no interference, adding: “Mercy remains a tool for compassion, not impunity.” Sanda’s family, in emotional appeals outside court, pleaded for further mercy, with her mother wailing: “My daughter is not a killer!”

The verdict reinforces Section 175’s boundaries pardons apply only post-exhaustion of appeals potentially curbing future executive overreaches. Sanda, 35, now faces execution unless a fresh mercy plea succeeds or President Tinubu appeals (unlikely, per sources).

Her legal team plans a rehearing bid, while supporters rally under #JusticeForMaryamSanda. The case, rooted in domestic violence debates, reignites calls for spousal killing reforms.

As Nigeria grapples with over 3,000 death row inmates, this ruling tests the mercy-prerogative’s limits.
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