By: Habeeb Olayinka Lawal, Esq., AICMC, ACIBF
Sometimes, we acknowledge and even agree that a criminal infraction has been committed, and that the culprit is guilty and deserving of punishment. However, in some peculiar circumstances, the form that punishment should take, or how it should be carried out, calls for deeper reflection. The case of Maryam Sanda is one of such cases.
The Story Behind the Tragedy
In November 2017, Maryam Sanda was accused of killing her husband, Bilyamin Muhammed Bello, with a knife. The incident reportedly occurred after Maryam requested to use her husband’s mobile phone and discovered certain nude photos of another lady on it. What began as an emotional confrontation turned into a tragic event that ended a life, shattered a family and birthed one of the most talked-about criminal cases in Nigeria.
Following the incident, Maryam was arrested, arraigned and tried on a two-count charge of culpable homicide and ancillary offences, alongside her mother, brother and housekeeper, who were accused of tampering with key evidence.
Maryam and her husband had married in 2015 and were blessed with two daughters, the youngest being just three months old at the time of her conviction.
The facts are clear, the loss is painful and the conviction under our current punitive justice model is legally sound. Yet, beyond the courtroom’s verdict lies a human tragedy that demands moral and societal reflection.
Looking Through the Lens of Restorative Justice
The philosophy of Restorative Justice (RJ) invites us to look beyond the surface of punishment and to consider healing, accountability and restoration. RJ rests on the belief that the primary determinants of justice are the interests of the victim, the community and even the offender.
What is Restorative Justice?
Restorative Justice is a set of principles and practices that create a different approach to dealing with crime and its impacts. It works to address the dehumanization frequently experienced by people in the traditional criminal justice system. Rather than viewing a criminal act as simply a violation of a rule or statute, restorative justice sees it as a violation of people and relationships.
It seeks to examine the harmful impact of a crime and determine what can be done to repair that harm, while holding the person who caused it accountable for his or her actions. Accountability here means accepting responsibility and acting to repair the harm done. Outcomes under this model aim to both heal the harm and address the underlying reasons for the offense, reducing the likelihood of re-offense. Thus, restorative justice measures results not by the severity of punishment, but by how successfully the harm is repaired.
Under the conventional system, Maryam’s execution (or any purely punitive sentence) might seem to satisfy justice. Yet, it neither restores the life lost nor heals the wounds inflicted on both families. If Bilyamin’s family loses a son, and Maryam’s children lose a mother, what then remains of the home they once shared?
The Heart of Restorative Justice
Restorative Justice is anchored on a few philosophical beliefs that:
- Human beings, even those who commit grievous wrongs, are capable of reform.
- Forgiveness and an opportunity for restitution should be possible.
- Offenders should be given a chance to make direct amends to their victims, and to take personal responsibility for their actions.
Having an offender languish on death row or spend life in prison may satisfy society’s instinct for retribution, but it does not necessarily achieve the goals of peace, healing or prevention of future harm. True justice seeks not only to punish wrongdoing but also to transform hearts and restore relationships.
Maryam’s case, tragic as it is, offers a platform for dialogue on how emotions, psychological distress and lack of conflict management can lead to irreparable harm. A restorative model would seek to uncover the “why” behind her actions, promote emotional healing for both families and support the welfare of the innocent children caught in between.
A Human Face of Justice
If Maryam Sanda has shown genuine remorse, repentance and willingness to reform, society must be open to discussions of commuted sentence, rehabilitation or pardon. This is not an act of leniency toward crime but an affirmation that justice, in its purest form, is not vengeance.
Justice must heal as much as it punishes. Mercy should also not be seen as weakness, but the highest expression of strength in justice.
The lesson from this case extends beyond Maryam and Bilyamin. It is a call to all, husbands and wives alike, to handle conflicts with restraint, seek counseling when needed and remember that one uncontrolled moment of anger can destroy entire generations.
Conclusion
The story of Maryam Sanda is one of pain, passion and profound lessons. It reminds us that justice cannot be complete unless it addresses the needs of all parties — the victim, the community and the offender.
Restorative Justice does not deny the wrong, it seeks to heal the harm. It is justice with a human heart.
