Presidential Pardon Restores 70 Soldiers, Court Rules

The National Industrial Court in Lagos has ordered the Chief of Army Staff to immediately reinstate 70 soldiers whose death sentences, later reduced to 10 years’ imprisonment, were erased through a presidential pardon.

In a judgment delivered on July 20, 2026, Justice S.A. Yelwa ruled that the unconditional pardon granted by former President Muhammadu Buhari completely nullified the soldiers’ 2014 court-martial convictions and dismissals, restoring their legal status. However, the court declined their request for salaries and allowances covering the period between December 17, 2014, and July 17, 2022, holding that a presidential pardon does not operate retroactively to compensate for work not performed.
The soldiers, led by Corporal Andrew Ogolekwu, Corporal Saturday Efe and 68 others, were convicted of conspiracy and mutiny by military courts-martial in 2014. Although initially sentenced to death, their punishments were later commuted to 10 years’ imprisonment. After serving their jail terms, they received a full presidential pardon on July 18, 2022, under Section 175 of the 1999 Constitution, as amended. The pardon was officially published in the Federal Republic of Nigeria Official Gazette. Represented by Falana & Falana’s Chambers, they demanded reinstatement and payment of their entitlements from the Army Headquarters in November 2022. Following the military’s failure to respond, they instituted suit No. NICN/LA/54/2023 against the Attorney General of the Federation and the Chief of Army Staff.
During the proceedings, the claimants’ counsel, Funmi Falana, SAN, argued that an unconditional presidential pardon completely removes both the conviction and its consequences, restoring beneficiaries to the position they occupied before the offence. Counsel to the Attorney General, Mrs. Omobolanle Aina, maintained that while a pardon restores civil rights, it does not automatically revive an employment relationship or create entitlement to unpaid salaries. The Chief of Army Staff did not file any defence or appear before the court, leaving the claimants’ evidence unchallenged. Justice Yelwa agreed that the constitutional power of pardon overrides administrative dismissals by the military, stressing that the Constitution remains supreme.
The court consequently declared that the presidential pardon of July 18, 2022, nullified the soldiers’ convictions, sentences and dismissals. It ordered the Chief of Army Staff to reinstate all 70 soldiers with effect from July 18, 2022, and directed that they be paid all salaries and allowances accruing from that date until their physical reinstatement. However, the court dismissed their claim for back-pay and allowances covering the period from December 17, 2014, to July 17, 2022.