The National Industrial Court sitting in Abuja has struck out the long-standing policy that compels Nigerian military personnel to serve a minimum of 15 years before being permitted to resign, describing it as unconstitutional and oppressive.
Delivering judgment on Tuesday, September 2, 2025, in Suit No: NICN/ABJ/25/2025, Justice Emmanuel D. Subilim ruled in favour of Flight Lieutenant J.A. Akerele, who had challenged the Nigerian Air Force’s refusal to accept his resignation. The case was filed by Lagos-based human rights lawyer, Inibehe Effiong.
Justice Subilim held that no member of the Armed Forces can be forced into “modern-day slavery under the guise of national service,” affirming that military officers, like all public servants, have the constitutional right to resign at any time under Section 306 of the 1999 Constitution (as amended).
Flight Lieutenant Akerele, commissioned in 2013, narrated how he suffered years of frustration, victimisation, and mental distress after repeated career disruptions, lack of promotions, and abrupt changes in specialty within the Air Force. Despite support from his immediate commanders to disengage, his resignation was rejected by the Chief of Air Staff, who insisted on the 15-year rule under the Harmonised Terms and Conditions of Service (HTACOS). The Air Force later declared him AWOL and ordered his arrest.
Effiong countered the Air Force’s position, stressing that the Constitution supersedes HTACOS and that Akerele’s resignation was valid from the moment it was received. He urged the court to prevent the military from weaponising technicalities against fundamental rights.
In his judgment, Justice Subilim declared the 15-year compulsory service clause “unconstitutional, null and void.” He further ruled that the substance of Akerele’s resignation letter outweighed semantics, rejecting the Defence’s argument that “retirement” and “resignation” should be treated differently.
The court declared Akerele’s resignation effective, granted all his reliefs, and 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 to the verdict, Effiong hailed the judgment as a landmark decision that strengthens constitutional freedoms and protects military personnel from exploitation.
