The National Industrial Court  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.
The court also directed the Army to pay the affected personnel all outstanding salaries, allowances and other entitlements from July 18, 2022, when the pardon took effect, until the date of their reinstatement.
Justice Sanda Yelwa, who delivered the judgement on July 20, ruled that the unconditional pardon granted under Section 175 of the 1999 Constitution effectively wiped out the soldiers’ convictions, sentences and dismissals, restoring their legal status and making them eligible to return to service.
The judgement 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.
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The soldiers had argued that the pardon invalidated their convictions and dismissals, and asked the court to order their reinstatement as well as payment of outstanding salaries and allowances dating back to December 17, 2014.
However, the court declined to grant payment for the period the soldiers were imprisoned, ruling that they were only entitled to their salaries and benefits from July 18, 2022, when the presidential pardon became effective.
The affected personnel were among soldiers tried by various courts-martial in 2014 for offences including conspiracy and mutiny.
They were initially sentenced to death, but the sentences were later reduced to 10 years’ imprisonment before they were eventually granted presidential pardon.
The ruling means the Nigerian Army is now required to restore the soldiers to active service and settle their accrued entitlements from the date the pardon took effect.
