1. In a court of First Instance (Trial Court or where a Criminal case is first instituted), the judge may find the Accused guilty as charged and Sentence the Accused to Death by Firing Squad, Hanging or what have you. When that is the case, the Convicted/Accused person has 90 days (NINETY DAYS) within which to Appeal to the appropriate Appellate Court
2. 90 Days is not 3 months please. You cannot say February, March and April is 90 Days because a month is 28, another is 30 and another 31. This will not some up to a 90 Days. But an accused has 90 clear days to Appeal starting from the Day of Judgement or the Day the Accused knows of the Judgement.
3. When it is of course a Death Sentence, Appealing is as of “RIGHT” e.g, it’s the Fundamental Right of the Accused to Appeal unless he chooses to waive this Right. (Section 241 (1) (e) of the Constitution of the Federal Republic of Nigeria 1999 ( as Amended)
4. In this case of Maryam Sanda, though convicted and sentenced accordingly, she has the Fundamental Right to Appeal within 90 Days starting from Yesterday, the Day Judgement was pronounced in her present.
Thus, though She was sentenced to Death by Hanging until she be dead yesterday, that Sentence CANNOT be Executed immediately until she Appeals or she waived her Right to Appeal.
5. When the Convicted person Appeals to the Court of Appeal and Supreme Court accordingly, and the Judgement of the Trial court is been upheld, it may interest you to know that a Death Sentence will not be Executed if the Governor of the State does not append his Signature.
In the case whereby the Governor of the State didn’t append his Signature, the Convicted cannot be killed.
This is the Case of “Evans the Billionaire Kidnapper” (I’m sure my Nigeria people have forgotten about him).
This is also the case of Pst. Chris who killed some of his Church members.
These guys are still in the Prison because the respective Governor is yet to sign the approval for their Execution.
In Maryam Sanda’s case, since Abuja has no Governor but the President, he will be the one to give his assent to finally approve her Execution.
In the case when he doesn’t append his signature, she won’t be hung yet but will be kept in the Prison till whenever a President Buhari or subsequent ones will append their signature.
I am sure I taught the Non-Lawyers something new without taking sides on whether or not I approve of the Death Sentence.
The arm of the Law is so wide and elongated that it can reach whosoever it should.