In a landmark decision that’s sending ripples through the Nigerian military, a court has officially ordered the Nigerian Army to bring back 70 soldiers who were previously convicted but later received a presidential pardon. Not only that, but the Army must also cough up all the salary arrears they’ve been owed since July 2022! This is a huge win for these soldiers and a clear message that pardons mean business.
- Court rules presidential pardon restores soldiers’ legal status.
- Nigerian Army ordered to reinstate all 70 soldiers.
- Back pay for salary and allowances from July 2022 is mandated.
- This victory stems from a legal battle initiated after the Army failed to act on the pardon.
A Pardon That Actually Means Something
The National Industrial Court in Lagos has spoken, and its message is loud and clear: a presidential pardon is not just a piece of paper. Justice Sanda Yelwa made it crystal clear in her judgment that the unconditional pardon granted to these 70 soldiers effectively wiped the slate clean. Their convictions, sentences, and subsequent dismissals from the Nigerian Army are now history, paving the way for their return to service.
This whole saga kicked off when the 70 soldiers, represented by the sharp legal minds at Falana & Falana Chambers, dragged the Attorney-General of the Federation and the Chief of Army Staff to court. Why? Because the military brass seemed to be dragging their feet, ignoring the presidential pardon and refusing to reinstate them. The soldiers weren’t asking for the moon; they just wanted their jobs back and the money they were owed since their conviction in 2014.
The Long Road to Justice
These soldiers found themselves in hot water back in 2014, facing serious charges like conspiracy and mutiny before various courts-martial. Initially, the sentence was death, but thankfully, it was later commuted to 10 years imprisonment. After serving their time, the late President Muhammadu Buhari stepped in and granted them an unconditional presidential pardon in 2022. This was officially published in the gazette, so there was no mistaking it.
Through their lawyers, the soldiers formally requested their reinstatement and payment of dues in November 2022. While their letter got an acknowledgment, silence followed from the Army. This lack of action is what pushed them to seek legal recourse.
The Army’s Argument Falls Flat
The Nigerian Army, through its legal representatives, tried to argue that a presidential pardon, while forgiving an offense, doesn’t automatically erase the past or guarantee a return to service. They contended that it restores civil rights but doesn’t undo the conviction itself. However, this argument didn’t hold water with the court.
Adding to the drama, the Chief of Army Staff apparently didn’t even bother to show up in court or file a defense. Talk about a self-own!
Justice Yelwa’s Verdict: Reinstatement and Back Pay
Justice Yelwa was having none of it. She stated that the official gazette was undeniable proof that these 70 individuals were indeed beneficiaries of the presidential pardon. The court pointed out the Army’s failure to challenge this evidence or explain their inaction.
The judge firmly ruled that the soldiers’ dismissals were a direct consequence of their court-martial convictions and, with the pardon in place, these dismissals could no longer stand. While the court acknowledged that the Army would need to go through its own administrative procedures for reinstatement, the legal roadblock had been completely removed. The soldiers now have a solid, legally enforceable right to return to their posts.
What About the Back Pay?
Now, about that salary arrears. The court decided against awarding pay for the period between December 2014 and July 2022. The reasoning? The soldiers weren’t actively serving or performing duties during their prison sentences, so they weren’t entitled to remuneration for that time. Furthermore, the Instrument of Grant of Pardon didn’t include provisions for retrospective salary payments.
However, the court *did* order the Nigerian Army to pay all salaries, allowances, and other emoluments due to the soldiers from July 18, 2022, right up until the day they are actually reinstated. So, while they won’t get paid for their time behind bars, they will be compensated for the period after the pardon was granted until they’re back on duty. It’s a partial victory on the pay front, but a significant one nonetheless.
Looking Ahead
This court order is a crucial development. It underscores the power of the presidential pardon and holds the military accountable for its actions. It’s a testament to the fact that even after conviction and dismissal, justice can still prevail. These 70 soldiers can now look forward to resuming their careers in the Nigerian Army, with the court ensuring they receive what they are owed.