A RETIRED Nigerian Army officer, Major Toye Akinlade (rtd), has dragged the Nigerian Army and two senior officers before the National Industrial Court of Nigeria (NICN), Abuja, over allegations of abuse of office, unlawful redeployment, and coercion to continue military service after formally resigning from duty.
News Point Nigeria reports that the suit marked NICN/ABJ/379/2025, Akinlade is asking the court to declare that his resignation from the Nigerian Army took legal effect immediately it was received by the appropriate authorities and that any deployment, disciplinary action, or command exercised over him thereafter was unlawful, unconstitutional and of no legal consequence.
The respondents in the suit are the Nigerian Army, Colonel Samson O. Okebukola, and Colonel D.O. Ehicheoya.
According to court documents sighted by journalists, Akinlade submitted a formal letter of resignation dated November 11, 2025, addressed to the Chief of Army Staff and other relevant military authorities. He, however, alleged that despite the submission and receipt of the resignation letter, the Army continued to treat him as an active officer.
He told the court that he was allegedly redeployed against his will, issued queries, and subjected to disciplinary actions without due process, even after his resignation had taken effect.
Among the reliefs sought, Akinlade asked the court to determine whether his resignation was valid and effective upon receipt, and whether the respondents could lawfully exercise disciplinary control over him after that point.
The former officer is also challenging a query dated December 12, 2025, which he said was issued to him on the directive of the third respondent after he had already resigned from service.
He is seeking a declaration that the query is null, void, invalid and of no legal effect, having been issued after his disengagement from the military.
Akinlade further challenged a letter of displeasure issued against him, which imposed sanctions including reprimand and admonishment.
According to the suit, the disciplinary action was taken without the constitution of a Board of Inquiry or Investigation, contrary to established military procedures.
“The letter of displeasure was issued without a Board of Inquiry or Investigation establishing evidence of indictment against the Applicant,” the court documents stated.
In an affidavit in support of the suit, Akinlade averred that after he protested the disciplinary measures and sought redress, he was allegedly redeployed from Jos to Basawa, Zaria, in what he described as a punitive action that violated Army administrative guidelines.
He stated: “That the Applicant, being dissatisfied with the excesses and abuse of official power of the 2nd Respondent without being checked by appropriate superior authority, submitted his letter of resignation.”
Despite the resignation, he alleged that he was repeatedly ordered to report for duty in Zaria and was continuously treated as a serving officer.
Akinlade also accused Army authorities of denying him medical leave after he reportedly collapsed while on duty and was hospitalised.
According to him, medical tests revealed that his diastolic blood pressure dropped to 60, a condition that required rest and medical attention. He claimed that the refusal to grant him leave amounted to an unlawful and tortious act, worsening his physical and emotional condition.
The former officer is seeking several declaratory and consequential reliefs, including: A declaration that his resignation took effect from the date it was received by the respondents, an order directing the Nigerian Army to process and pay his pension and entitlements, having served for over 10 years and an order allowing him to retrieve his personal belongings from his last official accommodation.
He is also claiming ₦50 million in damages for alleged unlawful restriction, trauma, and violation of his fundamental rights, as well as ₦1 million as cost of filing the suit.
In his written address, Akinlade argued that resignation from military service is a constitutional right, insisting that service in the armed forces is voluntary.
“Military service is voluntary and not a form of modern-day slavery,” he told the court.
He cited Section 306 of the 1999 Constitution (as amended), which provides that resignation takes effect once the written notice is received by the appropriate authority.
He urged the court to hold that once his resignation letter was received, the respondents were estopped from compelling him to perform military duties or subjecting him to any disciplinary process.
As of the time of filing this report, the National Industrial Court had yet to fix a date for the hearing of the suit.