The National Industrial Court in Lagos has ordered the Nigerian Army to immediately reinstate 70 former soldiers who were convicted by courts-martial in 2014 and later granted an unconditional presidential pardon by former President Muhammadu Buhari in 2022. Justice S.A. Yelwa, delivering judgment on July 20, 2026, ruled that the pardon, effective July 18, 2022, nullified the legal consequences of their convictions and dismissals, thereby restoring their entitlement to reinstatement and back salaries. The court held that the dismissals were direct outcomes of the courts-martial and not independent administrative actions, meaning the constitutional power of presidential mercy automatically erased the basis for their removal.

The soldiers, represented by Falana & Falana Chambers, filed suit NICN/LA/54/2023 against the Attorney-General of the Federation and the Chief of Army Staff for failing to act on their reinstatement after the pardon. Their lawyer, Funmi Falana, SAN, argued that the pardon invalidated all penalties, including dismissal, and entitled them to full service benefits from December 17, 2014. The Attorney-General opposed the claim, asserting that a pardon restores civil rights but does not erase the fact of conviction or guarantee automatic reemployment, nor justify salary arrears for non-service periods. The Chief of Army Staff did not appear in court or file a defence. The court found documentary proof in the Federal Republic of Nigeria Official Gazette confirming the pardon and ruled that allowing the dismissals to persist would undermine the President's constitutional authority.

Justice Yelwa ordered the Chief of Army Staff to reinstate all 70 soldiers without delay and directed the defendants to pay full salaries, allowances and emoluments from July 18, 2022, until actual reinstatement. The soldiers were originally sentenced to death for mutiny and conspiracy, later commuted to 10 years' imprisonment. After release, they sought reinstatement through a letter dated November 7, 2022, which Army Headquarters acknowledged but did not act upon. The court described the military's inaction as an administrative omission inconsistent with the rule of law.

💡 NaijaBuzz Take

The Army's failure to act on a presidential pardon for over three years despite acknowledging the request raises questions about the chain of command's responsiveness to constitutional directives. When the Chief of Army Staff did not appear in court, it left unchallenged the legal argument that a pardon automatically restores service rights, setting a precedent for how executive clemency intersects with military discipline. The ruling now compels compliance, but the delay exposes a gap between civilian authority and military implementation.

Editorial note: AI-assisted opinion. All persons mentioned are presumed innocent until proven guilty. Full disclaimer →