Omanghana
The National Industrial Court of Nigeria has ordered the Nigerian Army to reinstate 70 soldiers who were previously convicted and dismissed over allegations of mutiny during counterterrorism operations.
Justice S.A. Yelwa, delivering the judgment in Lagos, directed the Chief of Army Staff to restore the affected personnel to service and pay their outstanding salaries and benefits from July 18, 2022.
The court held that the unconditional presidential pardon granted to the soldiers in 2022 removed the legal consequences of their convictions and restored their legal status. It consequently found that the Army could not continue treating the personnel as dismissed after the pardon took effect.
Soldiers Entitled to Back Pay from July 2022
Under the ruling, the 70 soldiers are entitled to their salaries, allowances and other employment benefits beginning from July 18, 2022, the date on which the presidential pardon became effective.
The court did not award payments dating back to the soldiers’ original convictions in 2014. Instead, it determined that their financial entitlements resumed when the pardon removed the legal basis for their continued exclusion from the Army.
The Chief of Army Staff was therefore ordered to implement the reinstatement without delay and ensure that all outstanding entitlements covering the period from July 2022 are settled.
Presidential Pardon Central to Judgment
The case centered on the legal effect of the pardon issued by former President Muhammadu Buhari under Section 175 of Nigeria’s Constitution.
That constitutional provision gives the president authority to grant pardons, reprieves or reduced sentences to individuals convicted of offences created under federal law. The power may be exercised after consultation with the Council of State.
The pardon granted to the soldiers was unconditional and was officially published in a government gazette on July 29, 2022.
In its judgment, the court ruled that the pardon did more than release the soldiers from punishment. It also removed the continuing legal disabilities associated with their convictions, restoring their standing and clearing the way for their return to military service.
The ruling effectively means that the Nigerian Army cannot disregard the consequences of a valid presidential pardon when determining the employment status of affected personnel.
Soldiers Convicted During Counterterrorism Operations
The soldiers were convicted in 2014 following mutiny-related proceedings connected to Nigeria’s military campaign against Boko Haram and other armed groups.
At the time, several soldiers complained about inadequate weapons, poor equipment and difficult operational conditions while confronting heavily armed insurgents in northeastern Nigeria.
Military authorities maintained that personnel were required to obey lawful commands, regardless of the operational difficulties they faced. Court-martial proceedings subsequently resulted in convictions and dismissals from service.
The cases attracted national attention and prompted human rights advocates to raise concerns about the treatment of soldiers deployed to dangerous combat zones without sufficient equipment and logistical support.
Army’s Failure to Implement Pardon Triggered Lawsuit
Despite the presidential pardon, the soldiers were reportedly not returned to service. Their continued exclusion prompted them to seek legal redress through Falana & Falana Chambers.
The case, filed as Suit No. NICN/LA/54/2023, challenged the Army’s refusal to recognize and implement the pardon.
The claimants argued that an unconditional exercise of the president’s constitutional power of mercy removed the foundation for their dismissal. They asked the court to compel the Army to reinstate them and restore the salaries and benefits withheld after the pardon.
Justice Yelwa agreed with their position, ruling that the pardon could not be treated as a symbolic act without practical legal consequences.
Decision Could Influence Similar Cases
The judgment could have broader implications for Nigeria’s military and public-service institutions. It reinforces the authority of presidential pardons and clarifies that government agencies are expected to implement their legal consequences.
It may also affect other cases involving public officers whose convictions have been overturned or pardoned but who remain dismissed or deprived of employment benefits.
The ruling draws an important distinction between the date of the original conviction and the date on which the pardon took effect. Although the soldiers were convicted in 2014, their entitlement to salaries and benefits was restored only from July 18, 2022.
Attention will now turn to the Nigerian Army and whether it will comply immediately with the judgment or pursue an appeal. At the time of the ruling, no official response from Army Headquarters had been included in the information available.
Source: Omanghana
