The National Industrial Court sitting in Lagos has ordered the Chief of Army Staff to immediately reinstate 70 soldiers whose death sentences—later commuted to 10 years’ imprisonment—were wiped out by a presidential pardon.
Delivering judgment on Monday, July 20, 2026, Presiding Judge Hon. Justice S.A. Yelwa held that the unconditional presidential pardon granted to the officers completely obliterated their 2014 court-martial convictions and subsequent dismissals, restoring them as “new men” under the law.
However, the court partially denied the soldiers’ prayers, refusing to order the payment of accumulated back-pay and allowances from December 17, 2014, to July 17, 2022, citing that a pardon does not operate retroactively to compensate for services not rendered.
The Road to the Lawsuit
The 70 claimants, including Cpl. Andrew Ogolekwu, Cpl. Saturday Efe, and 68 others, were regular soldiers convicted of conspiracy and mutiny by military courts-martial in 2014. Initially sentenced to death, their terms were commuted to 10 years’ imprisonment upon administrative review.
After completing their prison terms, former President Muhammadu Buhari, GCFR, granted them a full presidential pardon on July 18, 2022, under Section 175 of the 1999 Constitution (as amended). The decision was formally published in the Federal Republic of Nigeria Official Gazette (S.I. No. 58 of 2022).
Represented by human rights firm Falana & Falana’s Chambers, the soldiers issued a formal demand to the Army Headquarters on November 9, 2022, requesting immediate reinstatement and back-pay. Following inaction by the military command, they filed suit NICN/LA/54/2023 against the Attorney General of the Federation (1st Defendant) and the Chief of Army Staff (2nd Defendant).
Key Legal Arguments & Rulings
Lead counsel for the claimants, Funmi Falana, SAN, argued that an absolute pardon clears both the crime and the infamy, placing the soldiers in a position as if the offense was never committed (novus homo).
In opposition, counsel for the 1st Defendant, Mrs. Omobolanle Aina, contended that while a pardon restores civil rights, it does not automatically revive a terminated employment contract nor entitle beneficiaries to retrospective salary arrears. The 2nd Defendant, the Chief of Army Staff, failed to file any defense or appearance, leaving the claimants’ factual assertions uncontroverted.
Justice Yelwa agreed with the claimants on the primacy of the constitutional pardon over military administrative dismissals:
“To argue that the Plaintiffs’ dismissal survives the absolute pardon is otherwise to argue that the executive power of mercy… is subservient to military administrative decisions. This cannot and shall never be… The Constitution is supreme.”
Final Orders
The court held and ordered as follows:
- Dismissal Obliterated: Declared that the presidential pardon of July 18, 2022, wiped out all convictions, sentences, and dismissals.
- Immediate Reinstatement: Ordered the Chief of Army Staff to reinstate all 70 soldiers into the Nigerian Army with effect from July 18, 2022.
- Salaries & Entitlements: Ordered payment of all salaries and allowances accrued from July 18, 2022, until physical reinstatement is fully effected.
- Backlog Claim Dismissed: Dismissed the claim for back-pay between December 17, 2014, and July 17, 2022.
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