No Legal Basis To Deny 70 Pardoned Soldiers Benefits…Femi Falana

Human rights lawyer, Femi Falana, SAN, has criticised the Nigerian government and military authorities over the continued delay in the reinstatement and compensation of 70 former soldiers who were granted presidential pardon in 2021 after being convicted for mutiny in 2014.

In an interview with Arise News, Falana stated that under Nigerian law, a presidential pardon eliminates the legal consequences of an offence and must be fully implemented.

“A pardon is an obliteration. It means the consequences of the offence are cancelled completely,” he said. “No authority can vary or modify the instrument of pardon granted under the Constitution. Denying reinstatement or benefits to pardoned persons is not legally justifiable.”

The soldiers, convicted by court martial during the fight against Boko Haram, were initially sentenced to death for mutiny after protesting the lack of adequate arms. Their sentences were later reduced to 10 years, and in 2021, they were released from various correctional centres following the presidential pardon granted by then-President Muhammadu Buhari.

Despite their release, the soldiers say they remain in limbo. According to them, they are yet to receive their discharge certificates or access post-service entitlements promised to them. Many claim they were asked to proceed on voluntary retirement, but have not been paid any benefits since.

Falana, who had written to President Buhari in 2016 requesting the pardon, said the continued delay highlights a broader problem of impunity and disregard for the rule of law. “What is happening reflects a deeper constitutional problem. Once a pardon is granted, authorities must comply fully. There is no room for selective implementation.”

Falana also addressed broader concerns about constitutional governance in Nigeria, including the interpretation of emergency powers under Section 305 of the Constitution. He warned that emergency rule cannot be used as a tool to remove elected officials, saying no constitutional provision permits such action. “Extraordinary measures to restore law and order do not include the suspension or removal of elected officials,” he said.

He cautioned against judicial silence in the face of constitutional infractions. “If the courts don’t define the boundaries of presidential powers now, we risk recurring political crises. This is not just about President Tinubu or Governor Fubara. The courts must act.”

Citing past precedents in Plateau and Ekiti States, where emergency declarations led to the dissolution of democratic structures, Falana said many such cases became moot before they could be resolved by the courts. “That pattern cannot continue,” he warned.

He also referred to a new Lagos State law limiting local government officeholders to a maximum of eight years, noting that it addresses gaps that allowed individuals to serve up to 16 years by rotating between the offices of chairman and vice-chairman. “The aim is to bring local government tenure rules into conformity with constitutional standards,” he said.

The situation of the pardoned soldiers remains unresolved as they continue to press for the enforcement of their rights and entitlements, three years after their release.