The State Security Service (SSS) has said it will appeal the life sentences given to two top Ansaru commanders. They believe that only the death penalty is appropriate for their serious crimes. This planned appeal highlights the gap between Nigeria's laws, which still allow the death penalty, and how rarely it is actually used.
PREMIUM TIMES reported that the commanders, 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 in a coordinated operation by several agencies between May and July 2025.
The National Security Adviser (NSA), Nuhu Ribadu, announced their arrests in August that year. Ribadu described Usman as the “Emir” of Ansaru, a faction of Boko Haram linked to al-Qaeda. He said Usman was the main coordinator of the group’s sleeper cells across Nigeria and responsible for many kidnappings and funding for terrorist activities.
The NSA called Mamuda Usman’s deputy and said he led the dangerous “Mahmudawa” faction based around Kainji National Park. Ribadu mentioned that Mamuda received training in Libya from foreign jihadists.
In an exclusive report, this newspaper detailed the two commanders. Usman was a former inmate, while Mamuda led the Mamuda group that terrorized areas near Kainji forest. They funded their operations through illegal logging and fees imposed on farmers, fishermen, and other rural folks.
When they were first taken to court in 2025, prosecutors charged them with 32 counts of terrorism. One defendant admitted guilt to just one charge (illegal mining) but denied the others, while the other said he was not guilty of all charges.
The case seemed to be heading for a full trial until both men changed their minds and pleaded guilty to the charges. Their guilty pleas made it easier for the court to convict them and sentence them to life imprisonment.
Normally, this would close one of Nigeria’s biggest terrorism cases. But with the SSS pushing for the death penalty, another legal fight is expected.
Why the SSS is appealing
Instead of celebrating their convictions, the SSS stated it would challenge the sentences. They argue that life imprisonment is not enough punishment for the seriousness of the crimes.
The SSS believes that senior terrorist leaders responsible for killings, kidnappings, and attacks should face the toughest penalties allowed by Nigerian law. The appeal serves two purposes. First, it shows the government's commitment to fighting terrorism, especially as insurgent groups continue to threaten communities in Nigeria.
Second, it shows that the SSS thinks the punishment should match not just the conviction but also the scale of harm caused by those found guilty. A senior SSS official told the News Agency of Nigeria (NAN) that the two men initially thought about pleading guilty but changed their minds after Ansaru terrorists kidnapped students and teachers in Oriire LGA, Oyo State.
President Tinubu said Ansaru was responsible for the abduction. He made this known after the captives were freed after spending 56 days in captivity. Defence Minister Christopher Musa hinted that the kidnappers wanted the release of the two men in exchange for the hostages.
According to the government, the two terror leaders wanted to plead guilty but changed their minds when their group kidnapped the students and teachers. They demanded the release of the two men as a condition for freeing the victims.
After the government got the Oyo victims released, the two men realized they had no power left. They then went back to pleading guilty, which led to their sentencing on Monday.
“For nearly 60 days, the kidnappers held the pupils and teachers of Oriire. The Ansaru commanders in our custody changed their stance,” the SSS official told NAN. “One of the key demands from the kidnappers was the unconditional release of these same Ansaru commanders.”
“Letting the two commanders have life sentences will not bring justice for the two Oriire teachers beheaded by their abductors,” the official continued. “The terrorists killed the two teachers to pressure the government into releasing these two Ansaru commanders.”
“It would not be fair to let these two men go free while the families of the beheaded teachers suffer without justice,” the official added.
Nigeria rarely carries out executions
Yet, the SSS's push for an appeal faces a bigger issue. Even though Nigerian law allows the death penalty for crimes like murder, treason, and some terrorism-related acts, executions are not common.
Hundreds of inmates are on death row for many years, and governors rarely sign execution orders. Nigeria has not officially stopped executions, but Amnesty International has called on the government to do so, noting that executions have become less frequent even as courts continue to give death sentences.
So, even if an appellate court gives a death sentence to the two Ansaru commanders, it is uncertain whether it will actually be carried out.
Why governments are cautious
Nigeria’s careful approach comes from both local and international factors. Locally, there are worries about weaknesses in the justice system, such as long trials, delays, and wrongful convictions. Amnesty pointed out that these issues were raised by the Presidential Commission on the Reform of the Administration of Justice, which questioned if executions should continue while these problems are not fixed.
Internationally, Nigeria faces pressure from human rights groups to move away from the death penalty. The African Commission on Human and Peoples’ Rights urged Nigeria to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), establish a formal halt to executions, and align its death penalty laws with global standards.
Likewise, during Nigeria’s fourth Universal Periodic Review (UPR) before the UN Human Rights Council in 2024, many countries advised Nigeria to ratify the Second Optional Protocol to the ICCPR and introduce a halt to executions as a first step towards ending the death penalty.
Although Nigeria has not abolished the death penalty, repeated calls from international human rights bodies have encouraged caution and more use of life imprisonment.
The terrorism exception
However, terrorism poses a special problem. Unlike regular crimes, terrorist acts often lead to many deaths, displace many people, and create long-lasting mental trauma. Security agencies argue that leaders of violent extremist groups are in a different category of offenders because they intentionally target civilians and threaten national security.
This explains why the SSS is determined to push for the death penalty, even as Nigeria is generally hesitant to execute convicted criminals. The agency’s appeal seems to be about more than just these two individuals; it might be about setting a legal precedent for future terrorism cases.
The decision of the defendants to change their pleas raises interesting legal issues. Guilty pleas usually save court resources, shorten trials, and show acceptance of responsibility. Courts sometimes see these pleas as reasons to give lighter sentences.
But prosecutors might argue that the serious nature of terrorism crimes outweighs any benefit from a late guilty plea, especially if the actions caused many deaths or violence.
The appellate court may have to weigh these different factors in the end.
What the appeal could mean
Beyond what happens to the two Ansaru commanders, the appeal could affect Nigeria’s approach to counterterrorism laws in different ways. If the appellate court supports the life sentences, it might strengthen the trend towards life imprisonment even in serious terrorism cases.
If it changes the sentences to death, it would show that Nigerian courts are willing to impose the toughest penalty on convicted terrorists. Whether such sentences would actually be carried out would be a separate issue.
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