“Dismissals Cannot Survive Unconditional Presidential Pardon” — Court Restores 70 Court-Martialled Soldiers To Service, Awards Salaries From July 2022

The National Industrial Court of Nigeria, sitting in Lagos, has ordered the immediate reinstatement of 70 Nigerian Army personnel who were convicted by courts-martial in 2014 but subsequently granted an unconditional presidential pardon by former President Muhammadu Buhari.

Justice S.A. Yelwa, in a landmark judgment delivered on July 20, 2026, held that the presidential pardon granted under Section 175 of the 1999 Constitution completely wiped out the soldiers’ convictions, sentences and consequential dismissals from the Nigerian Army.

The court consequently ordered the Chief of Army Staff to reinstate the soldiers with effect from July 18, 2022, being the date the presidential pardon became effective.

It also directed the Attorney-General of the Federation and the Chief of Army Staff to pay the soldiers all salaries, allowances and other emoluments accruing from July 18, 2022, until the date of their actual physical reinstatement.

The suit, marked NICN/LA/54/2023, was instituted by Corporal Andrew Ogolekwu and 69 other soldiers against the Attorney-General of the Federation and the Chief of Army Staff following the alleged failure of the military authorities to act on their demand for reinstatement.

The soldiers, represented by Falana & Falana Chambers, sought declarations that the presidential pardon had erased their convictions, sentences and dismissals.

They also asked the court to compel the Nigerian Army to reinstate them and pay their outstanding salaries and allowances from December 17, 2014.

The claimants were among Nigerian Army personnel tried before various courts-martial in 2014 for offences bordering on conspiracy and mutiny.

They were initially convicted and sentenced to death, but following an administrative review by the military authorities, their death sentences were commuted to 10 years’ imprisonment.

After serving their respective prison terms, former President Buhari exercised his constitutional prerogative of mercy and granted them an unconditional pardon.

The pardon was contained in the Instrument of Grant of Pardon, 2022, published in the Federal Republic of Nigeria Official Gazette No. 137, Volume 109, dated July 29, 2022.

Although the soldiers’ originating processes referred to April 28, 2022, as the date of the pardon, Justice Yelwa held that the Official Gazette established July 18, 2022, as the correct and effective date.

The judge noted that the Gazette expressly listed all 70 soldiers as beneficiaries of the unconditional pardon and constituted conclusive official evidence of the exercise of the President’s constitutional power.

Army Headquarters acknowledged receipt of the letter on November 9, 2022, but allegedly failed to respond or take any action on the request.

Army Headquarters acknowledged receipt of the letter on November 9, 2022, but allegedly failed to respond or take any action on the request.

The soldiers consequently approached the National Industrial Court in February 2023 to enforce what they described as the legal consequences of the presidential pardon.

Counsel to the claimants, Funmi Falana, SAN, leading Chukwuma Onwuemene, argued that the unconditional pardon extinguished every legal consequence arising from the courts-martial convictions, including the soldiers’ dismissal from service.

Falana relied on Section 175 of the Constitution and several Nigerian, English and American judicial authorities to argue that a full pardon transforms its beneficiaries into “new men” in the eyes of the law.

She maintained that the pardon restored all rights, privileges and legal capacities forfeited by reason of the convictions.

The claimants argued that their dismissals were not separate administrative punishments but direct consequences of their convictions by the courts-martial.