Soldiers to receive salaries and allowances from July 18, 2022
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 ruled that the presidential pardon granted under Section 175 of the 1999 Constitution nullified the soldiers’ convictions, sentences and dismissals, restoring their legal status and making them eligible to return to service.
The decision followed a suit filed by the soldiers against the Attorney-General of the Federation and the Chief of Army Staff after the military authorities allegedly failed to act on their request for reinstatement despite the presidential pardon.
Background
The 70 soldiers were convicted in 2014 on charges including conspiracy and mutiny. They were initially sentenced to death, but the punishment was later reduced to 10 years’ imprisonment.
After serving their prison terms, Buhari granted them an unconditional presidential pardon through the Instrument of Grant of Pardon, published in the Federal Government Gazette on July 29, 2022.
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Following the pardon, the soldiers, through their lawyers at Falana & Falana Chambers, requested reinstatement and payment of their outstanding entitlements in a letter sent to the Chief of Army Staff on November 7, 2022. They said the request received no response.
Court’s Decision
The court held that the official gazette was sufficient proof that all 70 soldiers benefited from the presidential pardon and noted that the Nigerian Army did not challenge the evidence or explain why the reinstatement request was ignored.
Justice Yelwa ruled that the dismissals resulted directly from the court-martial convictions and could not stand after the unconditional pardon. He added that although the Army would still carry out the administrative process of reinstatement, the soldiers had acquired a legal right to return to service.
However, the court declined the request for salary arrears from December 17, 2014, to July 17, 2022, ruling that the soldiers were not entitled to wages for the period they were not in active service because they were serving prison terms. The judge also held that the presidential pardon did not provide for retrospective payment of salaries.
The court subsequently directed the Nigerian Army to immediately reinstate the 70 soldiers with effect from July 18, 2022, and ordered the payment of all salaries, allowances and other benefits due to them from that date until they are fully reinstated.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.