The court ordered the Army to rehire 70 soldiers, paying them salaries starting in 2022

The National Industrial Court of Nigeria (NICN), Lagos Division, has ordered the Nigerian Army to immediately reinstate 70 personnel convicted by a military court in 2014.

The personnel were later granted an unconditional presidential pardon by former President Muhammadu Buhari.

The court ruled that their rights to salaries and other benefits will apply from July 18, 2022, the effective date of the presidential pardon.

In its judgment delivered on 20 July 2026, the court presided over by Justice SA Yelwa ruled that the presidential pardon, granted under Article 175 of the 1999 Constitution, removed the legal consequences of the soldiers’ convictions, sentences and dismissals, thereby restoring their legal status and granting them the right to reinstatement.

The lawsuit, marked NICN/LA/54/2023, was filed by 70 soldiers against the Attorney General of the Federation (AGF) and Chief of Army Staff (COAS) after military authorities allegedly failed to act on their request for reinstatement following a presidential pardon in 2022.

The plaintiffs, represented by Falana & Falana Chambers, seek a declaration that the pardon cancels their sentences and discharges, orders compelling their reinstatement into the Nigerian Army, and payment of unpaid salaries and allowances from December 17, 2014.

The soldiers were among Army personnel convicted by multiple military courts in 2014 on charges including conspiracy and mutiny. They were initially sentenced to death, but their sentences were later commuted to 10 years in prison.

After serving their prison terms, they were granted an unconditional presidential pardon by former President Buhari through the Instrument of Granting Pardon, 2022, published in the Official Gazette of the Federal Republic of Nigeria on 29 July 2022.

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Following the pardon, the soldiers, through their lawyers, wrote a letter to the Chief of Army Staff on November 7, 2022, requesting reinstatement and payment of unpaid salaries and allowances. Although Army Headquarters acknowledged receiving the letter, the plaintiffs said no action was taken, prompting court action.

Counsel for the plaintiff, Funmi Falana, SAN, who led Chukwuma Onwumene, argued that the presidential pardon completely wiped out any legal consequences of the sentence, including the discharge of the soldier from service.

The legal team stated that since the dismissal was directly related to the military court sentence, the pardon automatically removed the legal basis for their dismissal from the Nigerian Army.

The Attorney General of the Federation, represented by Omobolanle Aina, opposed the claim, arguing that while a presidential pardon pardons offenses and restores civil rights, it does not erase the historical facts of the sentence or automatically guarantee job restoration.

The Federal Government also argued that salary arrears cannot be awarded during periods in which the plaintiff did not work or provide service to the Army.

However, the Army Chief of Staff did not attend or present a defense during the trial.

In his ruling, Judge Yelwa argued that documentary evidence, including the Official Gazette, conclusively established that the plaintiff was the recipient of a presidential pardon granted on July 18, 2022.

The court ruled that the dismissal was a direct consequence of the military sentence and not a separate administrative action. The court stated that once the President exercises his constitutional powers, the legal basis for such removal no longer exists.

Justice Yelwa further argued that allowing the dismissal to go ahead despite an unconditional pardon would weaken the constitutional powers of the President.

The court described the Army’s failure to act on the soldier’s request for reinstatement as administrative negligence subject to judicial intervention.

Regarding the salary issue, the court denied the plaintiffs’ request for payment for the period December 17, 2014 to July 17, 2022, stating that they were not entitled to salary for the period during which they were not on active duty due to their incarceration.

The judge ruled that the Instrument for Granting Forgiveness did not provide for the payment of wages retrospectively and that the plaintiff failed to establish a contractual right to such payments.

Therefore, the court decided that their rights to salaries and other benefits will apply from July 18, 2022, the effective date of the presidential pardon.

Judge Yelwa then ordered the Chief of Army Staff to immediately re-employ the 70 soldiers and ordered the defendants to pay salaries, allowances and other benefits from July 18, 2022 until they are completely re-employed.