The Federal Government has withdrawn its cross-appeal seeking the death penalty against detained Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu.
Kanu’s Special Counsel, Aloy Ejimakor, disclosed this after receiving formal communication from the government.
Ejimakor said the government had decided not to continue pursuing the aspect of its appeal seeking to replace Kanu’s life sentence with capital punishment.
He said representations had also been made to the government over the mandatory imposition of the death penalty and its alleged conflict with international law.
In a statement on social media, Ejimakor wrote: “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 earlier challenged the decision of the Federal High Court in Abuja to sentence Kanu to life imprisonment instead of death.
Kanu was convicted on seven terrorism-related counts by Justice James Omotosho on November 20, 2025.
Following the conviction, the prosecution had urged the court to impose the death penalty.
However, Justice Omotosho rejected the request and sentenced Kanu to life imprisonment on some counts, with other terms imposed on the remaining charges.
The sentences were ordered to run concurrently.
The judge said he decided to temper justice with mercy, while also citing growing international opposition to capital punishment.
Kanu subsequently appealed his conviction and sentence at the Court of Appeal, while the Federal Government filed a cross-appeal.
A major issue in the government’s cross-appeal was the sentence. The government argued that the relevant law prescribed the death penalty for the offences.
With the withdrawal of the death penalty aspect of the cross-appeal, Kanu’s appeal against his conviction and sentence remains pending.
Kanu is currently being held at the Sokoto Custodial Centre.
Otti: Tinubu Ready to Release Kanu
The development comes amid previous calls for Kanu’s release by prominent political figures.
Abia State Governor Alex Otti said in October 2025 that President Bola Tinubu was favourably disposed to releasing the IPOB leader.
Otti said he had repeatedly engaged the President on the matter and was confident that Kanu 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.
The governor argued that resolving the Kanu issue could help address insecurity and restore stability in the South-East.
Deputy Speaker of the House of Representatives, Benjamin Kalu, had also appealed to Tinubu in February 2025 to release Kanu.
Kalu said Kanu’s release could contribute to restoring peace and encouraging development in the region.
“We are appealing to him to temper justice with mercy and release Nnamdi Kanu to southeast people,” Kalu said.
He also urged the Federal Government to adopt a political rather than purely legal approach to the matter.
Kalu argued that Kanu’s continued detention had been used by criminal elements as a justification for violent activities in the South-East.
Despite the withdrawal of the death penalty cross-appeal, Kanu remains in custody while his legal challenge to his conviction and sentence continues.
