Court Voids Military’s 15-Year Mandatory Service Rule Before Resignations
The National Industrial Court sitting in Abuja has struck down a provision of the Harmonised Terms and Conditions of Service (HTACOS) for officers of the Nigerian Armed Forces that compelled personnel to serve a minimum of 15 years before being allowed to resign.
Delivering judgment in suit number NICN/ABJ/25/2025, Justice Emmanuel Subilim held that the provision was oppressive, unconstitutional, and a gross violation of the fundamental rights guaranteed under the 1999 Constitution (as amended).
The case was filed by Flight Lieutenant J. A. Akerele, who challenged what he described as “systematic persecution and victimisation” by the Nigerian Air Force after his application to disengage from service was rejected.
Akerele, commissioned in 2013 during the administration of former President Goodluck Jonathan, told the court that after he submitted his resignation letter, the then Chief of Air Staff not only refused his request but also declared him absent without leave and ordered his arrest.
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Through his counsel, human rights lawyer Inibehe Effiong, Akerele narrated how his career was marred by abrupt termination of flight training in the United States, prolonged stagnation in rank, cancelled training opportunities, and repeated career disruptions—experiences which, he said, left him traumatised and mentally distressed.
Although his immediate commanders recommended approval of his resignation following interviews and counselling sessions, the Air Force authorities rejected it, relying on the HTACOS rule that required a minimum of 15 years’ service.
In his ruling, Justice Subilim likened the enforcement of the provision to “modern-day slavery under the guise of national service.” He affirmed that members of the Armed Forces have the statutory right to retire or resign voluntarily, and that Section 306 of the Constitution must be interpreted liberally to protect that right.
The judge dismissed the argument that Akerele’s letter amounted to a request for “voluntary retirement” instead of “resignation,” ruling that substance outweighs form. He declared Akerele’s resignation valid and effective from the date it was received by the Nigerian Air Force.
The court also granted a perpetual injunction restraining the Chief of Air Staff and the Air Force from arresting, detaining, or compelling Akerele to remain in military service.
By PRNigeria
