Government Drops Death Penalty Appeal in Nnamdi Kanu Case.
The Federal Government has withdrawn its cross-appeal seeking the mandatory death penalty against the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu.
Kanu’s Special Counsel, Aloy Ejimakor, confirmed this development on Thursday. He stated that the government formally communicated its decision to discontinue the pursuit of the death penalty aspect of the case . Ejimakor shared the update on social media, quoting the government’s communication that it “does not intend to pursue their cross appeal on the question of the mandatory death penalty” against Kanu .
The legal team had reportedly raised concerns about the imposition of capital punishment, arguing it conflicts with international law standards . The government’s withdrawal effectively closes this specific part of the legal proceedings.
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The development stems from the November 2025 conviction of Kanu on terrorism-related charges by Justice James Omotosho of the Federal High Court in Abuja . During the trial, the prosecution had pushed for the death penalty under the Terrorism Prevention Amendment Act . However, Justice Omotosho rejected this request, opting instead to sentence Kanu to life imprisonment.
In his ruling, the judge stated he chose to “temper justice with mercy,” also taking into account the growing international opposition to capital punishment . Following the conviction, the Federal Government filed a cross-appeal challenging the life sentence, arguing that the law prescribed a harsher penalty. The government has now decided to drop this specific challenge.
It is important to clarify that the withdrawal of this cross-appeal does not affect Kanu’s conviction or his life sentence . He remains in custody at the Sokoto Custodial Centre . The core of his legal battle continues as his own appeal against the conviction and life sentence is still pending before the Court of Appeal.
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Kanu has consistently challenged the legal basis of his prosecution from the start. Recently, through his family, he has also written to the Chief Justice of Nigeria and the President of the Court of Appeal, requesting the urgent listing and hearing of his pending appeals.
The government’s decision to drop the death penalty cross-appeal follows calls from some political leaders for a resolution to the matter.
In October 2025, Abia State Governor Alex Otti said President Bola Ahmed Tinubu was “favourably disposed” to releasing Kanu, expressing confidence that he would eventually regain his freedom . Similarly, Deputy Speaker of the House of Representatives Benjamin Kalu had earlier appealed to the President to consider a political solution, arguing that releasing Kanu could help restore peace and reduce insecurity in the South-East region .
While the government has stepped back from the death penalty issue, the question of Kanu’s release remains tied to the final determination of his appeal against the life sentence, which is expected to be a key matter before the appellate court.
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