The National Industrial Court in Abuja has struck down the long-standing military policy that forces personnel to serve a minimum of 15 years before they can resign, describing it as unconstitutional and oppressive.
The landmark judgment, delivered on Tuesday, September 2, 2025, by Justice Emmanuel D. Subilim in Suit No. NICN/ABJ/25/2025, arose from a case filed by Lagos-based human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele.
Justice Subilim held that members of the Armed Forces cannot be subjected to “modern-day slavery under the guise of national service,” affirming that military officers have the constitutional right to resign at any time. The Chief of Air Staff and the Nigerian Air Force were joined as the first and second defendants.
Akerele’s ordeal in the Air Force
Commissioned in 2013 as a Pilot Officer by then-President Goodluck Jonathan, Akerele detailed years of victimization and career stagnation in his affidavit. He recounted being denied allowances during flight training in the U.S., abruptly recalled in 2014, stripped of seniority, and left without posting for more than a year.
He further explained how he was moved across five different career paths without promotion, endured the abrupt termination of UAV training due to unpaid foreign contractors, and suffered deep emotional distress and trauma. These experiences led him to voluntarily resign.
Although his commanders supported his disengagement after interviews and counseling, the Chief of Air Staff rejected his letter, insisting on the 15-year service requirement under the Harmonized Terms and Conditions of Service for Officers (HTACOS). Akerele was then declared AWOL and ordered to be apprehended.
Effiong’s argument and court’s ruling
Effiong countered the Air Force’s position, citing Section 306 of the 1999 Constitution (as amended), which grants public servants the right to resign freely. He urged the court to dismiss the defendants’ reliance on HTACOS, noting previous judicial decisions supporting this principle.
In his judgment, Justice Subilim:
- Declared the HTACOS provision mandating 15 years of service unconstitutional, null, and void.
- Dismissed the argument that Akerele’s letter, titled “voluntary retirement,” invalidated his resignation, holding that the intent of the letter was paramount.
- Ruled that the constitutional right to resign must be interpreted liberally, not restrictively.
- Granted all reliefs sought, validating Akerele’s resignation from the date his letter was received.
- Issued a perpetual injunction restraining the Chief of Air Staff and the Air Force from arresting, detaining, or compelling Akerele to continue in service.
Reaction to the judgment
Effiong praised the decision as a reaffirmation of the court’s jurisprudence and a major victory for military personnel seeking to assert their constitutional rights. He described the ruling as “well researched” and a significant step toward ending oppressive service terms in the Armed Forces.
This judgment is expected to have far-reaching implications for Nigerian military policy, potentially opening the door for officers to freely exit service without fear of harassment or persecution.
