The National Industrial Court has voided a 15-year mandatory service rule for Nigerian Armed Forces officers.
Justice Emmanuel Subilim ruled it unconstitutional, affirming officers’ right to resign voluntarily under the Constitution.
The National Industrial Court in Abuja has invalidated a clause in the Harmonized Terms and Conditions of Service (HTACOS) for officers of the Nigerian Armed Forces, which required personnel to serve a minimum of 15 years before being allowed to resign.
Justice Emmanuel Subilim delivered the ruling on Tuesday in a case filed by Flight Lieutenant J. A. Akerele, declaring the provision oppressive and inconsistent with fundamental rights guaranteed under the 1999 Constitution (as amended).
Akerele, who joined the Nigerian Air Force in 2013 as a pilot officer, approached the court after his resignation request was rejected. In his suit, marked NICN/ABJ/25/2025, he alleged systematic persecution and victimization by the Air Force, recounting how his flight training in the United States was abruptly discontinued, his career progression stalled, and multiple training opportunities were cancelled.
Through his counsel, human rights lawyer Inibehe Effiong, Akerele told the court that these experiences left him emotionally distressed, mentally drained, and without career direction. He added that even after his commanders recommended his disengagement, the then Chief of Air Staff rejected his resignation on the basis of the HTACOS rule, instead labelling him absent without leave and issuing an arrest signal.
Akerele argued that the provision contradicted Section 306 of the Constitution, which grants public officers the right to voluntarily resign, and ignored judicial precedents affirming this principle.
In his judgment, Justice Subilim condemned the Air Force’s position, likening it to a form of forced labour disguised as national service. He ruled that officers of the Armed Forces, like other public servants, are entitled to resign or retire voluntarily, and struck down the 15-year mandatory service rule.
The court also dismissed the technical argument raised by the Air Force that Akerele used the term “voluntary retirement” instead of “resignation” stating that what mattered was the substance, not the wording. He held that resignation under Section 306 of the Constitution must be interpreted broadly to uphold individual rights.
Justice Subilim upheld Akerele’s resignation as valid from the date it was submitted 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.
