The National Industrial Court sitting in Abuja on Tuesday voided a provision of the Harmonised Terms and Conditions of Service for Officers of the Nigerian Armed Forces, which made it compulsory for soldiers to serve a minimum of 15 years before being permitted to resign.
Justice Emmanuel Subilim, while delivering judgment in a suit filed by Flight Lieutenant J. A. Akerele, stated that the HTACOS provision is oppressive and a gross violation of fundamental rights protected by the 1999 Constitution (as amended).
Akerele, in a suit marked NICN/ABJ/25/2025, filed the suit before the court to challenge what he described as a “systematic persecution and victimisation” by the Nigerian Air Force after he applied to disengage from service.
Akerele, who was commissioned in 2013 as a pilot officer during the administration of former President Goodluck Jonathan, told the court that the then Chief of Air Staff not only rejected his resignation letter but also declared him absent without leave, with a signal issued for his arrest.
In an affidavit filed in support of the suit by his counsel, human rights lawyer Inibehe Effiong, Akerele recounted his ordeal, including the abrupt termination of his flight training in the United States, prolonged stagnation in rank, repeated changes in career paths, and cancelled training opportunities.
He said these experiences caused him “severe emotional distress, feelings of victimisation, and a lack of sense of direction,” which adversely affected his mental health and left him traumatised.
He added that after submitting his resignation letter, he was subjected to a series of interviews and counselling sessions. His commander and other officers who conducted the sessions supported his decision and recommended his disengagement, but the then Chief of Air Staff rejected the request, citing the HTACOS provision that required a minimum of 15 years’ service.
Akerele argued that the rule violated Section 306 of the 1999 Constitution and contravened existing judicial precedents, insisting that as a public servant, he had the constitutional right to resign voluntarily.
In his judgment, Justice Subilim agreed with Akerele and faulted the Air Force authorities, likening their action to “modern-day slavery under the guise of national service.”
He declared that members of the Armed Forces have the statutory right to retire or resign voluntarily and struck down the 15-year compulsory service requirement in the HTACOS.
The court also dismissed the NAF’s argument that Akerele’s letter referred to “voluntary retirement” instead of “resignation”, holding that substance outweighed form and that the term “resignation” under Section 306 of the Constitution must be given a liberal and broad interpretation.
Consequently, the court upheld Akerele’s resignation as valid and effective from the date his letter was received.
The Court also issued a perpetual injunction restraining the Chief of Air Staff and the NAF from arresting, detaining, or compelling him to continue in military service.
