The National Industrial Court in Abuja has removed the long-standing policy that forces military officers to serve a mandatory 15-year term before they are allowed to resign, declaring it unconstitutional, oppressive, and inconsistent with Nigeria’s supreme law.
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 prominent Lagos human-rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele. The Chief of Air Staff and the Nigerian Air Force were joined as first and second defendants.
Justice Subilim ruled that no member of the Armed Forces can be subjected to “modern-day slavery under the guise of national service.” He affirmed that Section 306 of the 1999 Constitution (as amended) guarantees every public servant—including military officers—the right to resign at any time.
Flight Lieutenant Akerele, commissioned in 2013 as a Pilot Officer by then-President Goodluck Jonathan, detailed a pattern of “systematic persecution and victimisation” throughout his service. In his affidavit, he described stalled promotions, repeated changes to his specialty, training disruptions, and prolonged emotional distress. He lost seniority in rank after being recalled from flight training in the U.S. in 2014 due to unpaid allowances. He spent six years as a Flying Officer instead of the standard four. His career path was changed multiple times—from Air Traffic Control to Unmanned Aerial Vehicles (UAVs) to Intelligence—without stability or progress. Foreign training programs were canceled because contractors were not paid, and his Intelligence Course nomination was withdrawn without explanation.
Akerele said these experiences caused severe depression and trauma, prompting his voluntary resignation from the Air Force. While his immediate commanders endorsed his request to disengage, the Chief of Air Staff rejected it, insisting on compliance with the Harmonized Terms and Conditions of Service for Officers (HTACOS), which mandates a 15-year service minimum. Akerele was later declared AWOL, with orders issued for his arrest.
Effiong argued that the Constitution supersedes HTACOS, and that the right to resign cannot be curtailed by administrative regulations. He urged the court to dismiss the Air Force’s technical argument that Akerele’s letter was captioned “voluntary retirement” instead of “resignation.”
Justice Subilim agreed, holding that the substance of a resignation letter—not its wording—determines its validity. He emphasized that constitutional terms must be interpreted broadly, not restrictively, in line with Supreme Court precedents.
The court granted all the reliefs sought by the claimant, ruling that the 15-year compulsory service rule is null, void, and unconstitutional, that Akerele’s resignation is valid and effective from the date his letter was received, and that the Chief of Air Staff and the Nigerian Air Force are perpetually restrained from arresting, detaining, or compelling Akerele to remain in service.
Effiong praised the judgment as “well-researched” and a reaffirmation of the judiciary’s role in protecting constitutional freedoms. The ruling sets a precedent affirming that military personnel, like all public servants, have the right to voluntarily leave service without coercion or fear of reprisal.
Follow Us on Facebook – @LadunLiadi; Instagram – @LadunLiadi; Twitter – @LadunLiadi; Youtube – @LadunLiadiTV for updates
