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The National Industrial Court in Abuja has nullified a provision in the Harmonised Terms and Conditions of Service for officers of the Nigerian Armed Forces, which mandated soldiers to serve a minimum of 15 years before being allowed to resign.
Delivering judgment on Tuesday in a suit filed by Flight Lieutenant J.A. Akerele, Justice Emmanuel Subilim described the rule as oppressive and a gross violation of fundamental rights guaranteed by the 1999 Constitution (as amended).
Akerele, who was commissioned as a Pilot Officer in 2013 during the administration of former President Goodluck Jonathan, had challenged the Nigerian Air Force’s refusal to accept his resignation.
In his suit marked NICN/ABJ/25/2025, Akerele alleged “systematic persecution and victimisation” after he applied to disengage from service.
He said the then Chief of Air Staff not only rejected his resignation but also declared him absent without leave and issued a signal for his arrest.
Through his lawyer, Inibehe Effiong, Akerele detailed his ordeal in an affidavit, citing abrupt termination of his flight training in the United States, career stagnation, repeated changes in career paths, and cancelled training opportunities.
These, he said, caused him “severe emotional distress, victimisation, and loss of direction,” which damaged his mental health.
He added that although his commanders and officers who interviewed him endorsed his resignation, the Chief of Air Staff blocked the move, citing the HTACOS 15-year service requirement.
Akerele argued that the rule contravened Section 306 of the Constitution and existing judicial precedents, insisting that, like all public servants, he had the constitutional right to resign voluntarily.
In siding with him, Justice Subilim held that the military’s action amounted to “modern-day slavery under the guise of national service.”
The court declared that members of the Armed Forces have a statutory right to resign or retire voluntarily and struck down the HTACOS provision.
It further ruled that Akerele’s resignation was valid and effective from the date his letter was received, dismissing the NAF’s argument that he applied for “voluntary retirement” instead of “resignation.”
According to the court, substance must prevail over form, and the constitutional right to resign should be interpreted broadly.
Justice Subilim also issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling Akerele to continue serving.
