Di National Industrial Court of Nigeria don order di Nigerian Army to immediately reinstate 70 soldiers wey dem convicted by courts-martial for 2014, but later receive unconditional presidential pardon from former President Muhammadu Buhari. Di judgment, wey Justice A. Yelwa deliver for Lagos, say di pardon don remove every legal consequence of di soldiers’ conviction, including dem dismissal from service.
Di soldiers, wey dem represent by Falana & Falana Chambers, file suit number NICN/LA/54/2023 against di Attorney General of di Federation and di Chief of Army Staff after military authorities no gree act on dem reinstatement request. Di soldiers na among those wey court-martial convict for conspiracy and mutiny for 2014, sentence dem to death first, but later dem commute to ten years imprisonment. After dem serve dem prison term, former President Buhari grant dem unconditional pardon for July 2022, wey dem publish for Federal Republic of Nigeria Official Gazette for July 29, 2022.
Di court rule say di pardon completely extinguish di legal effects of di conviction and dismissal. Justice Yelwa hold say di dismissal na direct consequence of di courts-martial conviction, not separate administrative action. So, once di President use im constitutional power under Section 175 of di 1999 Constitution, di foundation for di dismissal don vanish. Di court also criticize di Army for failing to act on di soldiers’ request, calling am administrative omission wey court fit remedy.
For di matter of salaries, di court reject di soldiers’ claim for payment from December 17, 2014, to July 17, 2022. Di judge say dem no entitle to salary for period wey dem dey imprisonment and no render service. Di Instrument of Grant of Pardon no include any retrospective payment, and di soldiers no show any contract or law wey support such claim. So, di court say dem entitle to salaries, allowances, and other emoluments only from July 18, 2022, di date di pardon take effect.
Justice Yelwa order di Chief of Army Staff to immediately reinstate all 70 soldiers and pay dem all entitlements from July 18, 2022, until dem actual reinstatement. Di court no award cost. Dis judgment get big implications for how we interpret president power of mercy, especially for military matters. Di ruling say public institutions no fit selectively recognize constitutional acts; dem must give full effect to presidential pardon except court set am aside.
