JUST IN: Court affirms military officers’ right to resign without 15-year mandatory service rule

The National Industrial Court in Abuja has struck down the long-standing policy that compels Nigerian military personnel to serve a minimum of 15 years before being allowed to resign, declaring it unconstitutional.

The landmark judgment was delivered on Tuesday, 2 September 2025, by Justice Emmanuel D. Subilim in Suit No: NICN/ABJ/25/2025, filed by Lagos-based human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele.

Justice Subilim held that no member of the Armed Forces can be forced into “modern-day slavery under the guise of national service,” ruling that personnel have the constitutional right to resign at any time.

He described the 15-year mandatory service clause in the Harmonised Terms and Conditions of Service (HTACOS) as oppressive and unconstitutional.

The case, which had the Chief of Air Staff and the Nigerian Air Force as defendants, centred on Flight Lieutenant Akerele’s ordeal after he sought voluntary disengagement.

Commissioned in 2013, Akerele recounted years of victimisation, stalled promotions, repeated career path changes, and emotional trauma, which he said left him deeply distressed and ultimately led to his resignation.

Although his immediate commanders recommended approval of his disengagement, the Chief of Air Staff rejected his request, insisting he must first serve 15 years. He was later declared absent without leave (AWOL), with an order for his arrest.

Effiong argued that, under Section 306 of the 1999 Constitution (as amended), every public servant, including military officers, has the right to resign from service. He urged the court to dismiss the Air Force’s reliance on the HTACOS provisions.

In its ruling, the court dismissed the defendants’ claim that Akerele’s letter was invalid because it was titled “voluntary retirement” rather than “resignation.”

Justice Subilim held that the substance of the letter, not its title, should determine intent. He emphasised that “resignation” under Section 306 must be given a broad interpretation consistent with Supreme Court precedents.

The judge granted all the reliefs sought, validating Akerele’s resignation from the date his letter was received.

He also issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling him to remain in service.

Reacting, Effiong hailed the ruling as “a well-researched judgment” that reaffirmed constitutional freedoms and the court’s jurisprudence on the matter.