Iliyasu S. Yahaya
Abuja, Nigeria
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 former President Muhammadu Buhari.
In a judgment delivered on July 20, Justice Sanda Yelwa held that the presidential pardon, granted under Section 175 of the 1999 Constitution, removed the legal consequences of the soldiers’ convictions, including their dismissal from military service. The court ruled that the pardon restored their legal status, making them eligible for reinstatement.
The suit was filed by the affected soldiers after the Nigerian Army allegedly failed to act on their reinstatement request despite the presidential pardon granted in 2022.
The soldiers were originally convicted on offences including conspiracy and mutiny, sentenced to death, and later had their sentences reduced to 10 years’ imprisonment. After completing their jail terms, they were granted an unconditional presidential pardon published in the Federal Government Gazette on July 29, 2022.
Represented by Falana & Falana Chambers, the soldiers argued that the presidential pardon erased every legal consequence of their convictions, including their dismissal from the Army.
Although the Federal Government argued that a presidential pardon restores civil rights but does not automatically guarantee reinstatement into public service, Justice Yelwa ruled that the Nigerian Army failed to challenge the evidence presented or justify its refusal to reinstate the soldiers.
The court ordered the Army to immediately reinstate the 70 soldiers with effect from July 18, 2022, and to pay all salaries, allowances and other benefits accruing from that date until their actual reinstatement.
However, the court declined the request for salaries and allowances covering the period between December 17, 2014, and July 17, 2022, ruling that the soldiers were not entitled to wages while dismissed from service and serving their prison terms.
