The National Industrial Court of Nigeria (NICN) has ordered the immediate reinstatement of 70 Nigerian Army personnel who were convicted by military courts in 2014 but later received an unconditional presidential pardon from former President Muhammadu Buhari.
In a judgment delivered by Justice S.A. Yelwa, the court ruled that the presidential pardon completely erased the soldiers' convictions, sentences, and dismissals, restoring their legal status and entitling them to return to military service.
The court also directed the Nigerian Army to pay the soldiers all outstanding salaries, allowances, and other benefits from July 18, 2022—the effective date of the presidential pardon—until they are physically reinstated.
The soldiers had filed the suit after the Army allegedly failed to act on their request for reinstatement despite the presidential pardon granted under Section 175 of the 1999 Constitution.
The Federal Government argued that while a pardon forgives an offence and restores civil rights, it does not automatically guarantee reinstatement or payment of salaries for periods when the individuals were not in service.
However, the court held that the soldiers' dismissals were a direct consequence of their convictions, which were nullified by the presidential pardon. Justice Yelwa said the Army's failure to reinstate the soldiers amounted to an administrative omission that the court had the authority to correct.
The court, however, rejected the soldiers' request for salaries covering the period between December 17, 2014, and July 17, 2022, ruling that they were not entitled to wages for the years they were not actively serving due to imprisonment.
The judgment is regarded as a significant legal interpretation of the President's constitutional power of mercy and its impact on the employment rights of military personnel convicted by courts-martial.
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