The National Industrial Court in Lagos has ordered the Nigerian Army to reinstate 70 soldiers who were convicted by military courts in 2014 but later received an unconditional presidential pardon.
Justice S.A. Yelwa also directed the Army to pay the affected personnel all salaries, allowances and benefits due from July 18, 2022, when the pardon took effect, until their actual reinstatement.
The court ruled that the pardon granted by former President Muhammadu Buhari under Section 175 of the Constitution extinguished the convictions, sentences and dismissals imposed on the soldiers.
However, the court rejected their request for salaries covering December 17, 2014 to July 17, 2022.
Justice Yelwa held that they were not entitled to payment for the period during which they were imprisoned and did not perform military duties.
The soldiers filed the case against the Attorney General of the Federation and the Chief of Army Staff after the military authorities failed to reinstate them following the pardon.
They were represented by Falana and Falana Chambers.
The claimants had been convicted by different military courts for offences including conspiracy and mutiny.
Their original death sentences were later reduced to 10 years in prison following an administrative review.
After serving their prison terms, Buhari granted them an unconditional pardon through the Instrument of Grant of Pardon 2022.
The instrument was published in the Federal Republic of Nigeria Official Gazette.
Through their lawyers, the soldiers wrote to the Chief of Army Staff on November 7, 2022, requesting reinstatement and payment of their entitlements.
Army Headquarters acknowledged the letter two days later but took no action.
Their counsel, Funmi Falana, argued that the pardon removed every legal consequence of the convictions, including dismissal from military service.
The Attorney General’s representative opposed the claim, arguing that a pardon restores civil rights but does not automatically erase the historical fact of conviction or require reinstatement.
The Federal Government also maintained that the soldiers could not receive payment for periods when they did not work.
The Chief of Army Staff did not file a defence or participate in the proceedings.
Justice Yelwa held that the Official Gazette provided conclusive evidence that the 70 soldiers benefited from the pardon.
The judge ruled that their dismissals were direct consequences of the military convictions rather than separate administrative actions.
According to the court, once the President exercised the constitutional power of mercy, the legal basis for the dismissals ceased to exist.
The judge said allowing the dismissals to remain in force would place administrative military decisions above the President’s constitutional authority.
The Army’s failure to respond to the soldiers’ request was described as an administrative omission that justified judicial intervention.
The court consequently ordered their immediate reinstatement from July 18, 2022, with full payment of salaries, allowances and benefits accruing from that date.
No costs were awarded.
