The Federal Government has withdrawn its cross-appeal seeking the mandatory death penalty against the detained leader of the Indigenous People of Biafra, Nnamdi Kanu.
Kanu’s special counsel, Alloy Ejimakor, disclosed this in a social media post. He said the Federal Government had formally communicated its decision to the relevant parties. According to the lawyer, the government will no longer pursue the cross-appeal over the mandatory imposition of the death penalty.
FG withdraws death penalty appeal
Ejimakor said the decision followed earlier representations on the legality of mandatory capital punishment. He added that concerns had also been raised about its compatibility with international law.
The lawyer 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 withdrawal changes the Federal Government’s position on the specific issue of mandatory capital punishment in Kanu’s case. However, it does not mean that all legal proceedings involving the IPOB leader have ended.
FG had sought death sentence for Kanu
The latest development comes months after the prosecution sought a death sentence for Kanu under provisions of the Terrorism Prevention Amendment Act. In November 2025, the prosecution asked the Federal High Court in Abuja to impose the death penalty on Kanu following his conviction on terrorism-related charges.
Justice James Omotosho, however, rejected the request and sentenced Kanu to life imprisonment. The judge reportedly considered developments in international law and the global move away from capital punishment before reaching the decision. The prosecution later challenged parts of the judgment. Its appeal included the refusal to impose the mandatory death penalty.
Kanu’s legal battle continues
Ejimakor’s latest disclosure means the Federal Government will no longer pursue its cross-appeal on the mandatory death penalty. Other legal issues surrounding Kanu’s conviction and sentence, however, remain part of the ongoing proceedings. Kanu’s detention and prosecution have continued to generate political and legal debate in Nigeria. His supporters have repeatedly called for his release, while the Federal Government has maintained its case against him over the terrorism-related charges.
For now, the government’s withdrawal is limited to the appeal concerning the mandatory death penalty. The wider case will continue to be determined through the judicial process.
Read also: Nnamdi Kanu sacks lawyer Ejiofor, revokes authority to speak for IPOB
