The Federal Government under President Bola Ahmed Tinubu has withdrawn its cross-appeal seeking the death penalty against the detained leader of the Indigenous People of Biafra, Nnamdi Kanu.
Kanu’s Special Counsel, Aloy Ejimakor, disclosed the development, saying the government had formally communicated its decision not to continue with the aspect of the appeal seeking to replace the life sentence imposed on the IPOB leader with capital punishment.
Ejimakor made the disclosure in a social media post after receiving formal communication from the Federal Government.
According to the lawyer, the government had informed the relevant parties that it would no longer pursue its cross-appeal on the mandatory death penalty against Kanu.
He also said representations had been made to the government regarding the mandatory imposition of capital punishment and its alleged conflict with international law.
Ejimakor wrote: “UPDATE: By virtue of a formal communication I received 2 days ago, I can confirm that the Nigerian government ‘does not intend to pursue their cross appeal on the question of the mandatory death penalty’ against Mazi Nnamdi Kanu. Case closed.”
The Federal Government had previously challenged the decision of the Federal High Court in Abuja to impose life imprisonment instead of the death sentence.
Kanu was convicted on seven terrorism-related counts by Justice James Omotosho on November 20, 2025.
The prosecution had urged the court to impose the death penalty after the conviction.
However, the judge rejected the request.
Justice Omotosho sentenced Kanu to life imprisonment on several of the counts, while other terms were imposed on the remaining charges. The sentences were ordered to run concurrently.
The judge explained that although the offences attracted capital punishment under the law relied upon by the prosecution, he decided to temper justice with mercy.
He also referred to the growing international opposition to capital punishment.
“I must temper justice with mercy,” the judge said while delivering the sentence.
Kanu, who has consistently challenged the legal basis of his prosecut
One of the major issues raised by the government was the sentence imposed by the trial court. The government argued that the relevant law prescribed the death penalty and questioned the decision of the trial court to impose life imprisonment instead.
IPOB, in a statement by its spokesperson, Emma Powerful, argued that the Federal Government’s position had created serious questions around the judgment.
The group claimed that the government had effectively raised questions about the trial court’s jurisdiction by challenging the sentence imposed on Kanu.
Kanu, however, remains in custody and his appeal against his conviction and sentence continues.
He is currently serving his sentence at the Sokoto Custodial Centre.
In a related development, Politics Nigeria recalls on October 2025, the Abia State Governor Alex Otti said President Bola Tinubu was favourably disposed to releasing Nnamdi Kanu.
Otti made the statement after meeting with Tinubu at the State House in Abuja.
The governor said he had been engaging the President on the matter and expressed confidence that the IPOB leader would eventually regain his freedom.
“I can assure you that I am engaging with Mr President. He is favourably disposed to it, and I am sure that in no distant future, Nnamdi Kanu will regain his freedom,” Otti said.
He also stressed that his relationship with Tinubu gave him confidence that the President would honour any commitment made on the matter.
“Mr President and I have been friends for decades. Whatever he wants to do, he will tell you, and if he will not, he will say so. Having made promises, I am sure he will keep them,” the governor added.
Otti had earlier made Kanu’s release one of the issues he continued to raise with the Federal Government.
The Abia governor has argued that resolving the Kanu matter would help address some of the security challenges affecting the South-East.
Earlier, on February 5, 2025, Deputy Speaker of the House of Representatives Benjamin Kalu also appealed to Tinubu to release Kanu.
Kalu made the appeal while speaking with journalists after the inaugural meeting of the House Committee on the South-East Development Commission in Abuja.
The Deputy Speaker argued that Kanu’s release could contribute to restoring peace and reducing insecurity in the region.
“We are appealing to him to temper justice with mercy and release Nnamdi Kanu to southeast people. It will ensure more security for our people and spring up development that this SEDC is going to bring,” Kalu said.
He further called for a political rather than purely legal approach to the matter.
“All we are saying is use political approach not the legal approach,” he stated.
Kalu said the insecurity in the South-East had continued to affect economic activities and development in the region.
He argued that releasing Kanu would also remove what he described as an excuse being used by criminal elements to justify violent activities.
“Those who are using him as excuses to perpetrate all these criminal actions around our area will have no other reason to be on the street. Then the police and security agencies will catch anyone who claims Nnamdi Kanu is the reason for causing harm to the people of South-East,” he said.
The appeal by Kalu came months before Kanu was eventually convicted and sentenced to life imprisonment.
