The National Industrial Court in Abuja has struck down a provision in the Harmonised Terms and Conditions of Service (HTACOS) for the Nigerian Armed Forces that required officers to serve at least 15 years before being allowed to resign.
According to a report by The PUNCH, Justice Emmanuel Subilim delivered judgment on Tuesday in a case filed by Flight Lieutenant J.A. Akerele, describing the rule as oppressive, unconstitutional, and a gross violation of fundamental rights guaranteed under the 1999 Constitution (as amended).
Akerele, commissioned as a pilot officer in 2013, had challenged the Nigerian Air Force (NAF) after his resignation was rejected. The then Chief of Air Staff declared him absent without leave and issued a signal for his arrest, despite recommendations from his commanders supporting his disengagement.
The officer, represented by human rights lawyer Inibehe Effiong, told the court that his military career was marred by stalled promotions, cancelled training opportunities, and the abrupt termination of his U.S. flight training, which left him traumatised and disillusioned.
He argued that the 15-year service requirement violated Section 306 of the Constitution and contradicted judicial precedents affirming the right of public servants to resign voluntarily.
Justice Subilim agreed, likening the Air Force’s actions to “modern-day slavery under the guise of national service.” The court ruled that members of the Armed Forces have a statutory right to retire or resign and held that Akerele’s resignation was valid from the date his letter was received.
The court also dismissed the Air Force’s claim that Akerele’s letter improperly used the term “voluntary retirement” rather than “resignation,” ruling that the constitutional right to resign must be interpreted broadly.
In addition to invalidating the HTACOS provision, the court issued a perpetual injunction restraining the Chief of Air Staff and the NAF from arresting, detaining, or compelling Akerele to remain in service.
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