National Industrial Court (NIC) in Lagos has ordered the Nigerian Army to immediately reinstate 70 soldiers who were convicted by courts-martial in 2014 but later received an unconditional presidential pardon from former President Muhammadu Buhari in 2022.
Gatekeepers News reports that the court also directed the Army to pay all salaries, allowances and other emoluments due to the affected personnel from July 18, 2022, until they are fully reinstated.
Justice Sanda Yelwa, who delivered the judgment on July 20, held that the unconditional pardon granted under Section 175 of the 1999 Constitution effectively erased the soldiers’ convictions, sentences and dismissals, restoring their legal status and entitling them to return to service. The ruling was disclosed in a statement issued by Tayo Soyemi of Falana & Falana Chambers, counsel to the soldiers.
The suit, marked NICN/LA/54/2023, was filed against the Attorney-General of the Federation and the Chief of Army Staff after the military authorities allegedly failed to reinstate the soldiers despite the presidential pardon.
The claimants had argued that the pardon nullified their convictions and dismissals and sought reinstatement alongside payment of outstanding salaries and allowances dating back to December 17, 2014.
The court, however, declined to award salaries covering the period the soldiers were imprisoned, ruling instead that they are entitled to receive their pay and benefits only from July 18, 2022—the date the presidential pardon took effect—until they are formally reinstated.
The soldiers were originally tried by various courts-martial in 2014 for offences bordering on conspiracy and mutiny, receiving death sentences that were later commuted to 10 years’ imprisonment before they were eventually pardoned.
