IN a landmark judgment that could reshape the Nigerian military’s terms of service, the National Industrial Court, Abuja, has voided the 15-year mandatory service rule imposed on officers before they are permitted to resign.
News Point Nigeria reports that delivering judgment on Tuesday, Justice Emmanuel Subilim described the provision of the Harmonised Terms and Conditions of Service (HTACOS) for officers of the Nigerian Armed Forces as oppressive, unconstitutional, and a gross violation of fundamental rights guaranteed under the 1999 Constitution (as amended).
The case was filed by Flight Lieutenant J.A. Akerele, who challenged the Nigerian Air Force’s (NAF) refusal to accept his resignation after he sought to disengage from service.
Akerele, commissioned as a Pilot Officer in 2013 under the administration of former President Goodluck Jonathan, alleged systematic persecution and victimisation after submitting his resignation.
In his suit, NICN/ABJ/25/2025, the officer narrated how the then Chief of Air Staff not only rejected his resignation but also declared him absent without leave (AWOL) and issued a signal for his arrest.
Through his counsel, Inibehe Effiong, Akerele detailed an ordeal marked by career stagnation, abrupt termination of his flight training in the United States, repeated changes in career paths, cancelled training opportunities, and psychological distress.
“I suffered severe emotional distress, victimisation, and a loss of direction which gravely damaged my mental health,” Akerele stated in his affidavit.
Although his immediate commanders endorsed his resignation, the Air Force hierarchy blocked the move, citing the HTACOS provision that mandated a minimum of 15 years of service before resignation could be approved.
Justice Subilim rejected the military’s defence, siding with the applicant’s constitutional arguments. He ruled that Section 306 of the Constitution—which provides that any public servant has the right to resign voluntarily—applies equally to members of the Armed Forces.
The judge condemned the military’s reliance on HTACOS, describing it as a “modern-day form of slavery under the guise of national service.”
“Members of the Armed Forces have a statutory right to resign or retire voluntarily. The Constitution does not place them under perpetual bondage,” the court held.
The court further affirmed that Akerele’s resignation was valid from the date his letter was received, dismissing the NAF’s argument that he had wrongly applied for “voluntary retirement” instead of “resignation.”
Justice Subilim stressed that substance must prevail over form, adding that a citizen’s constitutional right cannot be curtailed by administrative rules.
In addition to striking down the controversial HTACOS provision, the court issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling Akerele to continue serving.
This ruling effectively sets a precedent, affirming that military officers cannot be forced to remain in service against their will, and that the Constitution supersedes internal regulations.
The judgment is expected to spark wide debate within Nigeria’s defence establishment, as it challenges a long-standing provision that had been used to tie officers to extended compulsory service.
For Akerele, however, the ruling represents not just personal relief but also a watershed moment in the struggle against oppressive military regulations.