The National Industrial Court sitting in Abuja has ruled that the long-standing policy compelling Nigerian military personnel to serve a minimum of 15 years before resigning is unconstitutional.
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Delivering the judgment on Tuesday, September 2, 2025, Justice Emmanuel D. Subilim held in Suit No: NICN/ABJ/25/2025 that officers of the Armed Forces cannot be forced into what he described as “modern-day slavery under the guise of national service,” asserting that military personnel have the constitutional right to resign at any time.
The suit was filed by Lagos-based human rights lawyer, Inibehe Effiong, on behalf of Flight Lieutenant J. A. Akerele, against the Chief of Air Staff and the Nigerian Air Force.
In his affidavit, Akerele, commissioned as a Pilot Officer in 2013 by then-President Goodluck Jonathan, detailed a series of alleged persecutions and administrative challenges he faced after seeking disengagement. These included delayed allowances, loss of seniority, repeated changes in career specialty, and mental distress resulting from the treatment by the Air Force.
Effiong argued that by virtue of Section 306 of the Constitution of the Federal Republic of Nigeria (1999, as amended), the Claimant had a constitutional right to resign from service, insisting that the form of his letter captioned as “voluntary retirement” should not negate its substance as a resignation.
Justice Subilim agreed, declaring as unconstitutional the provisions of the Harmonized Terms and Conditions of Service for Officers of the Nigerian Armed Forces (HTACOS) that mandated a 15-year service period before voluntary resignation or retirement. The court also restrained the Chief of Air Staff and the Nigerian Air Force from arresting or detaining Akerele or compelling him to continue in service.
The judge emphasized that the word “resignation” in Section 306 of the Constitution should be interpreted liberally to protect the rights of officers, in line with Supreme Court principles governing constitutional interpretation.
In reaction, Effiong commended the judgment, describing it as a “well-researched” decision that restates the court’s jurisprudence on officers’ rights to resign.
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