Court tells Nigerian Army to bring back 70 soldiers pardoned by Buhari

The National Industrial Court of Nigeria in Lagos has ordered the Nigerian Army to take back 70 soldiers who were dismissed after a presidential pardon from former President Muhammadu Buhari in 2022.

In a ruling on 20 July, Judge Sanda Yelwa said the soldiers must be reinstated because the reasons for their dismissal have been completely removed.

The judge instructed the Chief of Army Staff to bring the soldiers back into the Army starting from 18 July 2022, which is the date of the presidential pardon.

He also ordered that all their salaries, allowances, and benefits should be paid from the date of the pardon until they are officially brought back, the judge stated.

These soldiers were dismissed after being found guilty of mutiny between 2013 and 2014.

Their trials happened because they refused to fight Boko Haram at a time when their lawyer said they lacked the necessary equipment to do so.

After receiving the pardon through a request from Femi Falana, a Senior Advocate of Nigeria, the soldiers filed a suit to get their jobs back and recover the pay they missed during their dismissal.

Agreeing with the soldiers' request, Judge Yelwa ruled that the pardon “has wiped out their conviction, sentence, and dismissal from the Nigerian Army.”

He said the soldiers are entitled to reinstatement and full salary from 2014 when they were convicted of mutiny.

In 2014, these 70 soldiers were sentenced to death for mutiny due to disobedience to military orders and leaving their posts. The soldiers said they had no proper equipment to fight Boko Haram insurgents.

Femi Falana represented 58 of the 70 soldiers during their trial.

In 2015, the army reduced their death sentence to 10 years in prison. But Falana pushed for their immediate and unconditional release.

“Even though the soldiers faced mutiny charges, the only proof against them was that they protested the military's failure to give them weapons to fight insurgency,” Falana wrote at that time.

“Unlike many soldiers who ran away, these men were ready to defend the country. They just asked for the equipment to face the better-armed insurgents.”

In September 2021, Falana wrote to former President Buhari asking him to pardon the soldiers.

In his letter, he argued that their dismissal was wrong and that their request for weapons was valid.

In July 2022, Buhari granted the pardon after the soldiers had served their time in prison.

However, the 70 soldiers did not get their jobs back despite writing to the Chief of Army Staff. This led to their lawsuit.

Their lawyers, Funmi Falana, SAN, and C.H. Onwuemene, filed the suit against the Attorney General of the Federation and the Chief of Army Staff.

The AGF's lawyer, Omobolanle Aina, claimed a pardon does not erase the fact of their conviction.

The government lawyer argued that a pardon “does not automatically restore a job that was legally ended because of that conviction.”

“Getting back their jobs depends on the rules of the employer, such as the Public Service Rules or the Nigerian Armed Forces Rules of Engagement,” she added.

Aina also said a pardon does not “go back to create financial rights” that were lost during dismissal unless ordered by the employer or the court.

The Chief of Army Staff did not have anyone in court and did not send any documents or comments.

After listening to the plaintiffs and the AGF's office, the judge stated that the presidential pardon given to the 70 soldiers is absolute and unconditional.

“The legal barrier to their employment has been completely removed by the constitutional grace of the pardon; the Plaintiffs have a clear right to be reinstated,” he said.

He also mentioned that the Chief of Army Staff's failure to respond to the request for reinstatement “is an administrative mistake which this Court has the power to fix.”

But the judge pointed out that the pardon does not cover back-pay for the services the soldiers provided before the presidential pardon, and there is no condition in the pardon document for paying salary backlogs.

“The plaintiffs’ right to benefits can only begin from the date their legal status was restored, which is the date of the presidential pardon.”

He concluded that the pardon returned the 70 soldiers to “the position of a ‘new man.’”