The National Industrial Court of Nigeria (NICN), Lagos Division, has ordered the immediate reinstatement of 70 Nigerian Army personnel who were dismissed after being 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, 2026, Justice S.A. Yelwa ruled that the presidential pardon, granted under Section 175 of the 1999 Constitution, erased the legal consequences of the soldiers’ convictions, sentences and dismissals, making them eligible to return to service.
The lawsuit, marked NICN/LA/54/2023, was filed by the affected soldiers against the Attorney-General of the Federation (AGF) and the Chief of Army Staff (COAS) after the military allegedly failed to reinstate them despite the presidential pardon granted in 2022.
Represented by Falana & Falana Chambers, the soldiers asked the court to declare that the pardon nullified their convictions and dismissals, order their reinstatement into the Nigerian Army and direct the payment of their outstanding salaries and allowances.
The 70 soldiers were convicted by various military courts in 2014 on charges including conspiracy and mutiny. Although they were initially sentenced to death, their punishment was later reduced to 10 years’ imprisonment.
After serving their prison terms, they received an unconditional presidential pardon through the Instrument of Grant of Pardon, 2022, published in the Federal Republic of Nigeria Official Gazette on July 29, 2022.
Following the pardon, the soldiers wrote to the Chief of Army Staff on November 7, 2022, requesting reinstatement and payment of their salaries and allowances. However, despite acknowledgment of the letter, they said no action was taken, prompting them to seek legal redress.
Counsel to the claimants, Funmi Falana, SAN, argued that the presidential pardon completely removed every legal consequence of the convictions, including their dismissal from military service.
The Attorney-General of the Federation, represented by Omobolanle Aina, opposed the suit, arguing that although a presidential pardon forgives an offence and restores civil rights, it does not automatically guarantee reinstatement or payment of salaries for periods when the claimants were not in service.
However, the Chief of Army Staff did not file a defence or appear before the court during the proceedings.
Delivering judgment, Justice Yelwa held that the documentary evidence, including the Official Gazette, clearly confirmed that the soldiers were beneficiaries of the presidential pardon.
The court ruled that because their dismissal was directly linked to their convictions, the legal basis for removing them from service ceased to exist once the presidential pardon was granted.
“Allowing the dismissals to remain despite the unconditional presidential pardon would undermine the President’s constitutional power of mercy,” the court held.
Justice Yelwa also described the Army’s failure to act on the soldiers’ reinstatement request as an administrative omission that warranted judicial intervention.
On the issue of salary arrears, the court declined the request for payment covering the period between December 17, 2014, and July 17, 2022, ruling that the soldiers were not entitled to salaries while they were not actively serving due to their imprisonment.
However, the judge held that their salaries, allowances and other entitlements should take effect from July 18, 2022, the date the presidential pardon became effective.
The court consequently ordered the Chief of Army Staff to immediately reinstate all 70 soldiers and directed the relevant authorities to pay their salaries, allowances and other emoluments from July 18, 2022, until they are formally reinstated.
The judgment is expected to shape future legal interpretations of the President’s constitutional power of mercy, particularly regarding its impact on the employment rights of military personnel convicted by courts-martial.
