The court of appeal sitting in Abuja has affirmed the death sentence imposed on Maryam Sanda over the death of Bilyamin Mohammed Bello, her husband.
Ms Sanda was on the 27th of January 2020 sentenced to death for the murder of her husband, Bilyaminu Bello, in November 2017.
The appellate court, in a unanimous judgement by a three-man panel of Justices led by Justice Stephen Adah, said it found no reason to set aside the verdict of a High Court of the Federal Capital Territory, which okayed Maryam to die by hanging.
Maryam, a mother of two, had on February 19, 2020, filed a 20-ground notice of appeal, praying for an order discharging, and acquitting her.
She contended that the judgment convicting her was tainted by bias and prejudices resulting in her being denied her right to a fair hearing.
In a notice of appeal predicated on 20 grounds, the appellant through her legal team described the judgment of the trial court as “a miscarriage of justice”.
She submitted that the judge relied on circumstantial evidence as there was “lack of confessional statement, absence of murder weapon, lack of corroboration of evidence by two or more witnesses and lack of autopsy report to determine the true cause of her husband’s death.”
She also submitted the trial judge “erred and misdirected himself by usurping the role of the police when he assumed the duty of an investigating police officer (IPO) as contained in page 76 of his judgment…”
However, the appellate court, in the lead judgement that was delivered by Justice Adah, said it was not in doubt that the appellant killed her husband.
The appellate court, however, faulted the trial court judge for his failure to rule on Maryam’s preliminary objection before he delivered final judgement in the matter.
It, therefore, invoked its powers under section 6(6) (a) of the 1999 Constitution, as amended, and dismissed Maryam’s pending preliminary objection for want of merit.
The court held that the trial judge was right in his verdict, stressing that the offence of culpable homicide committed by the appellant, is punishable by death under section 221 of the Penal Code.
The court noted that there was evidence that the appellate murdered her husband during a fight that ensued after she saw a nude picture of a girl on his phone.
The trial court had based its judgement on circumstantial evidence before it, Maryam’s testimony during the trial and her statement before the police, which it said established that she fatally stabbed her husband to death in Abuja on November 19, 2017.
The court ordered that the convict should remain at the Correctional Center in Suleja till she exhausts her right of appeal.
Police had in the charge marked CR/15/17 which it filed pursuant to section 109(d) of the Administration of Criminal Justice Act, 2015, alleged that Maryam stabbed her husband to death with a broken bottle, at their Abuja residence.
