The National Industrial Court in Abuja has nullified the Nigerian military’s policy that compels personnel to serve a mandatory 15 years before they can resign, describing it as unconstitutional and oppressive.
Delivering judgment on Tuesday, September 2, 2025, in Suit No: NICN/ABJ/25/2025, Justice Emmanuel D. Subilim ruled in favor of Flight Lieutenant J. A. Akerele, represented by human rights lawyer Inibehe Effiong. The judge held that no member of the Armed Forces can be forced into “modern-day slavery under the guise of national service,” stressing that the Constitution guarantees their right to resign freely.
The Chief of Air Staff and the Nigerian Air Force were listed as defendants in the case.
Akerele, commissioned in 2013 under President Goodluck Jonathan, narrated a series of career setbacks and alleged persecution after seeking to disengage. He detailed how he was denied promotions, shuffled across multiple specialties, and subjected to abrupt cancellations of courses and postings, which left him emotionally distressed and traumatized.
Despite support from his immediate superiors who recommended that he be allowed to resign, the Chief of Air Staff rejected his disengagement letter, citing the Harmonized Terms and Conditions of Service for the Armed Forces (HTACOS), and declared him AWOL.
Effiong argued that Section 306 of the 1999 Constitution (as amended) grants all public servants—including military officers—the right to resign at any time. Justice Subilim agreed, declaring the HTACOS provision unconstitutional, null, and void.
The judge further dismissed the Air Force’s technical objection that Akerele’s letter was titled “voluntary retirement” instead of “resignation,” holding that substance outweighs semantics. He emphasized that resignation under the Constitution must be given a liberal interpretation in line with Supreme Court precedents.
In his ruling, Justice Subilim validated Akerele’s resignation from the date his letter was received and issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling him to continue in service.
Court Strikes Down Military’s 15-Year Compulsory Service Rule, Affirms Soldiers’ Right to Resign at Any Time
The National Industrial Court in Abuja has nullified the Nigerian military’s policy that compels personnel to serve a mandatory 15 years before they can resign, describing it as unconstitutional and oppressive.
Delivering judgment on Tuesday, September 2, 2025, in Suit No: NICN/ABJ/25/2025, Justice Emmanuel D. Subilim ruled in favor of Flight Lieutenant J. A. Akerele, represented by human rights lawyer Inibehe Effiong. The judge held that no member of the Armed Forces can be forced into “modern-day slavery under the guise of national service,” stressing that the Constitution guarantees their right to resign freely.
The Chief of Air Staff and the Nigerian Air Force were listed as defendants in the case.
Akerele, commissioned in 2013 under President Goodluck Jonathan, narrated a series of career setbacks and alleged persecution after seeking to disengage. He detailed how he was denied promotions, shuffled across multiple specialties, and subjected to abrupt cancellations of courses and postings, which left him emotionally distressed and traumatized.
Despite support from his immediate superiors who recommended that he be allowed to resign, the Chief of Air Staff rejected his disengagement letter, citing the Harmonized Terms and Conditions of Service for the Armed Forces (HTACOS), and declared him AWOL.
Effiong argued that Section 306 of the 1999 Constitution (as amended) grants all public servants—including military officers—the right to resign at any time. Justice Subilim agreed, declaring the HTACOS provision unconstitutional, null, and void.
The judge further dismissed the Air Force’s technical objection that Akerele’s letter was titled “voluntary retirement” instead of “resignation,” holding that substance outweighs semantics. He emphasized that resignation under the Constitution must be given a liberal interpretation in line with Supreme Court precedents.
In his ruling, Justice Subilim validated Akerele’s resignation from the date his letter was received and issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling him to continue in service.
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