Human rights lawyer Femi Falana, SAN, has strongly criticized the Nigerian military authorities for their failure to fully implement presidential pardons granted to 70 convicted soldiers. Falana warned that the ongoing refusal to restore their ranks, benefits, and status violates the rule of law and risks deepening Nigeria’s “atmosphere of grand impunity.”

During an interview with ARISE News, Falana recounted the soldiers’ ordeal. Initially sentenced to death by court martial in 2014 for alleged mutiny and cowardice in the face of Boko Haram, their sentences were commuted to 10 years imprisonment by the Chief of Army Staff following petitions that revealed “grave injustices.” The soldiers served the full sentence and were subsequently pardoned in 2021 by former President Muhammadu Buhari, leading to their release from various correctional centers in 2022 under Section 175 of the Nigerian Constitution. Falana emphasized that a presidential pardon means the offense is “forgiven” and its “consequences completely obliterated,” making each pardoned individual a ‘novus homo’ or a “new man.”

However, Falana decried the military’s persistent refusal to fully restore the soldiers’ benefits or discharge them appropriately. Despite the soldiers agreeing to voluntarily disengage from the military – a decision made after persuasion due to concerns about their reintegration – authorities wrongfully classified their discharge as compulsory. Furthermore, the military sought to calculate their entitlements only up to 2014, the year of their initial jailing, rather than the 2022 pardon date. Falana highlighted that some soldiers had received salaries up to 2016, questioning the basis for a compulsory discharge when they chose to disengage voluntarily and demanding calculation of entitlements up to 2022.

Falana referenced the precedent of General Eni Ransom-Kuti, who was demoted to colonel but had his rank restored and received full entitlements up to the date of his pardon, despite not returning to service due to age. He insisted that all 70 soldiers should be treated equally, maintaining their entitlement to retirement benefits and potential promotions they would have attained between 2014 and 2022. He warned that if the military fails to act justly, legal redress would follow, citing past cases where presidential pardons led to full restoration of rights, such as that of General Olusegun Obasanjo.

The post-prison life for these soldiers has been “very tough,” according to Falana. Many remain unemployed, partly due to delays in issuing their discharge certificates, which were only received a few months ago. Falana’s law firm even had to raise money to help them travel home and has engaged two of them for security, making recommendations for others to secure employment. He stressed that the discharge certificates must be amended to reflect voluntary disengagement, enhancing their chances of employment and aligning with the intent of the presidential pardon.

Falana connected the soldiers’ case to a broader crisis of legality in Nigeria, describing it as an “atmosphere of grand impunity” where the rule of law is hardly observed, akin to a “military dictatorship.” He criticized the tendency of authorities to modify or ignore constitutional provisions, particularly regarding presidential powers and emergency rule. Falana argued that no section of the constitution allows for the suspension or removal of elected officials under a state of emergency, urging the courts to firmly define the boundaries of presidential powers to prevent recurring political crises. He concluded by supporting recent reforms, such as the Lagos Local Government Law, which seeks to reconcile service terms with the constitution, viewing it as a positive development towards legal consistency.