The National Industrial Court (NIC) in Lagos has ordered the Nigerian Army to reinstate 70 soldiers who were convicted by courts-martial in 2014 but later received an unconditional presidential pardon from the late former President Muhammadu Buhari.
In a judgment delivered on July 20, Justice Sanda Yelwa ruled that the presidential pardon, granted under Section 175 of the 1999 Constitution, nullified the legal consequences of the soldiers' convictions, including their dismissal from service, thereby restoring their legal status and entitling them to reinstatement.
The judgment followed a suit marked NICN/LA/54/2023, filed by the affected soldiers against the Attorney-General of the Federation (AGF) and the Chief of Army Staff (COAS), after the Nigerian Army allegedly failed to act on their request for reinstatement despite the presidential pardon granted in 2022.
The soldiers, who were tried by various courts-martial in 2014 on charges including conspiracy and mutiny, were initially sentenced to death before their punishment was commuted to 10 years' imprisonment. After completing their prison terms, they were granted an unconditional presidential pardon through the Instrument of Grant of Pardon, 2022, published in the Federal Republic of Nigeria Official Gazette on July 29, 2022.
Represented by Falana & Falana Chambers, led by Senior Advocate of Nigeria (SAN) Funmi Falana, the claimants argued that the presidential pardon erased every legal consequence of their convictions, including their dismissal from the Army.
The Federal Government, represented by Omobolanle Aina, opposed the suit, contending that while a presidential pardon forgives an offence and restores civil rights, it does not automatically entitle beneficiaries to reinstatement into public service. The Chief of Army Staff did not file any defence or enter an appearance in the matter.
In his ruling, Justice Yelwa held that the official gazette conclusively proved that all 70 claimants benefited from the presidential pardon and noted that the Nigerian Army failed to challenge the evidence or explain why their request for reinstatement was ignored.
The court ruled that the soldiers' dismissal could not stand after the presidential pardon, adding that although reinstatement would require administrative action by the Nigerian Army, the constitutional impediment to their continued service had been removed.
However, the court declined the soldiers' request for salaries and allowances covering the period from December 17, 2014, to July 17, 2022, ruling that they were not entitled to remuneration while they were dismissed and serving prison sentences. The court also noted that the presidential pardon did not provide for retrospective payment of salaries.
Justice Yelwa subsequently ordered the Nigerian Army to immediately reinstate the 70 soldiers with effect from July 18, 2022, and directed the defendants to pay all salaries, allowances and other emoluments accruing from that date until their actual reinstatement.
