The State Security Service’s (SSS) decision to challenge the life sentences handed to two senior Ansaru commanders has reignited debate over Nigeria’s use of the death penalty, exposing the growing gap between laws that permit capital punishment and a justice system that rarely carries it out.
Mahmud Usman, also known as Abu Bara’a, Abbass or Mukhar, and Abubakar Abba, also known as Mahmud al-Nigeri or Malam Mamuda, were arrested during an intelligence-led multi-agency operation conducted between May and July 2025.
Their arrests were announced in August 2025 by the National Security Adviser, Nuhu Ribadu, who described Usman as the “Emir” of Ansaru, a Boko Haram splinter group linked to al-Qaeda.
According to Ribadu, Usman coordinated Ansaru sleeper cells across Nigeria and masterminded several kidnapping and terrorist financing operations, while Abba led the notorious Mahmudawa faction operating around Kainji National Park after receiving militant training in Libya.
The pair were initially arraigned on a 32-count terrorism charge. While one defendant first pleaded guilty only to illegal mining and denied the remaining charges, the other pleaded not guilty to all counts.
The case was expected to proceed to a full trial until both men later changed their pleas and admitted to all charges, leading to their conviction and life imprisonment.
Why the SSS Is Appealing
The SSS argues that life imprisonment does not reflect the gravity of the offences and intends to seek the death penalty on appeal.
According to the agency, the appeal is aimed at ensuring punishment matches the scale of the crimes allegedly committed by the convicted terror commanders.
A senior SSS official said the defendants changed their legal strategy after Ansaru militants abducted pupils and teachers in Oriire Local Government Area of Oyo State.
President Bola Tinubu later identified the kidnappers as Ansaru terrorists following the victims’ release after 56 days in captivity, while the Chief of Defence Staff, Christopher Musa, said the abductors demanded the release of the two terror suspects.
The SSS said the commanders initially abandoned plans to plead guilty because they believed the kidnappers could negotiate their release.
After security forces secured the release of the captives, the two men eventually pleaded guilty.
“For the nearly 60 days the kidnappers held on to the pupils and teachers of Oriire, the Ansaru commanders in our custody changed,” the SSS official said.
The agency also argued that imposing life imprisonment would fail to deliver justice for two teachers who were beheaded during the abduction.
“Allowing the two terror commanders to walk away with life sentences will not serve the cause of justice for the two Oriire teachers beheaded by their abductors.”
Nigeria’s Death Penalty Dilemma
Although Nigerian law permits capital punishment for offences including murder, treason and terrorism under the Terrorism (Prevention and Prohibition) Act, 2022, executions have become increasingly rare.
Hundreds of inmates remain on death row, while state governors seldom approve execution warrants.
Human rights organisations, including Amnesty International, have repeatedly urged Nigeria to adopt an official moratorium on executions, citing concerns over prolonged trials, judicial delays and the risk of wrongful convictions.
Even if an appellate court replaces the life sentences with death penalties, there is no certainty the sentences would ultimately be carried out.
International Pressure
Nigeria has also faced sustained international calls to move away from capital punishment.
The African Commission on Human and Peoples’ Rights has urged the country to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), establish a moratorium on executions and align its laws with international human rights standards.
During Nigeria’s fourth Universal Periodic Review before the UN Human Rights Council in 2024, several countries also recommended steps toward abolishing the death penalty.
Despite these recommendations, Nigeria continues to retain capital punishment under its laws.
The Terrorism Debate
The SSS maintains that terrorism should be treated differently from other criminal offences because of its impact on national security and civilian lives.
The agency’s appeal could therefore influence future terrorism prosecutions by clarifying whether guilty pleas should outweigh the seriousness of terrorism-related offences during sentencing.
If the Court of Appeal upholds the life sentences, it may reinforce the growing judicial preference for life imprisonment.
However, if it substitutes the punishment with death sentences, it would reaffirm that Nigerian courts remain prepared to impose capital punishment for terrorism convictions, even if executions remain uncommon.
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