Falana Slams Military Over Defiance of Presidential Pardon, Demands Full Reinstatement for 70 Soldiers 

Renowned human rights lawyer, Femi Falana, SAN, has strongly criticised the Nigerian military authorities for refusing to fully implement a presidential pardon granted to 70 convicted soldiers. The senior advocate warned that the ongoing refusal to restore their ranks, benefits, and status not only violates the constitution but also deepens what he described as Nigeria’s prevailing “atmosphere of grand impunity.”

Speaking during an interview with ARISE News on Wednesday, Falana detailed the legal and moral failures surrounding the case of the soldiers who were initially sentenced to death in 2014 for alleged cowardice in the fight against Boko Haram. Their sentence was later commuted to 10 years imprisonment by the Chief of Army Staff following petitions that exposed severe flaws in their trials.

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Presidential Pardon and Legal Implications Ignored

Falana explained that former President Muhammadu Buhari, acting under Section 175 of the Nigerian Constitution, granted a presidential pardon to the soldiers in 2022 after they had served their commuted sentences. However, the military has not reinstated their ranks or paid their full entitlements, effectively undermining the legal weight of the pardon.

“A presidential pardon means the offence is wiped out—the consequences obliterated. They become, in the words of the Court of Appeal, ‘novus homo’—a new man,” Falana said. “That is what the law says. But the military is acting otherwise.”

Despite the pardon, the military reportedly categorised the soldiers’ exit as compulsory discharge and attempted to calculate their entitlements only up to 2014—the year of their conviction—rather than up to the date of the presidential pardon in 2022. Falana called this not only unlawful but illogical.

“Some of them received salaries up to 2016. How can you say they were compulsorily discharged and still paid them after that?” he asked. “You can’t punish them twice.”

Soldiers Misled into Voluntary Exit, Yet Penalised

Falana revealed that the soldiers had voluntarily agreed to disengage from service after their release, having been persuaded that reintegration into the military might be challenging. However, the authorities used this voluntary disengagement to mask a compulsory discharge, thereby short-changing the soldiers of their full benefits.

He cited the case of General Eni Ransom-Kuti, who, though demoted to colonel, had his rank reinstated and received full entitlements up to the year of his pardon. “What is good for the goose should be good for the gardener,” Falana insisted, arguing that the same standard must apply to the 70 soldiers.

Further, he pointed out that between 2014 and 2022, the soldiers might have qualified for promotions, and these must be factored into their final benefits. “If you’re not taking them back, retire them as of 2022 and accord them the rank they would have attained if they had remained in service,” he said.

Legal Redress on the Horizon

Should the military refuse to reverse its stance, Falana signalled his readiness to pursue legal action on behalf of the soldiers. He referenced precedents such as that of former President Olusegun Obasanjo, who was declared a “new man” after receiving a presidential pardon, enabling him to run for office.

“You cannot vary or modify the instrument of pardon granted by the President. It’s constitutional, it’s final, and it must be respected,” Falana warned.

He also stressed that the soldiers’ current condition remains dire. “When 70 of them were released, the system dumped them on the streets. Our law firm had to raise funds to get them back home.”

He disclosed that many remain unemployed because of the delay in issuing discharge certificates. Only recently were some able to receive proper documentation, allowing them to begin applying for jobs.

“It was difficult to even engage them at our firm until they got their discharge papers. Two of them now work as security staff with us, and we’ve recommended others,” he added.

Bigger Picture: Rule of Law Under Siege

Falana connected the military’s handling of the pardon to what he views as a broader crisis in Nigeria’s legal and political system. He condemned the pattern of authorities ignoring constitutional processes, citing examples like the controversial state of emergency in Rivers State and attempts to extend local government tenures in Lagos.

“We’re acting like we’re still under a military dictatorship,” Falana said. “If our courts don’t rise now, we’re heading for constitutional disaster.”

However, he welcomed reforms such as Lagos’ new local government law, which limits officials to a constitutionally consistent two terms. “That’s a positive step in aligning practice with constitutional limits,” he stated.

Falana concluded by urging the military to comply with the law and respect the spirit and letter of presidential pardons. “This is not just about 70 soldiers. It’s about restoring justice, respecting the rule of law, and proving that Nigeria is indeed a democracy.”