In a landmark ruling, the National Industrial Court in Abuja has invalidated a law that compelled members of the Nigerian Armed Forces to serve for a minimum of 15 years before they could voluntarily leave the military. The decision, delivered by Justice Emmanuel Subilim, stems from a case filed by a Nigerian Air Force officer, Flight Lieutenant J. A. Akerele.
Akerele, who enlisted in 2013, testified that his career had been marked by setbacks, including delayed promotions and frequent changes in duties, which caused him significant distress. These challenges led him to seek voluntary resignation. However, his request was rejected by the Chief of Air Staff, who cited the Harmonized Terms and Conditions of Service (HTACOS) requiring a 15-year service period. When his resignation was denied, Akerele was declared absent without leave and threatened with arrest.
In his legal challenge, the officer’s lawyer argued that the regulation was unconstitutional, as the 1999 Constitution guarantees public servants the right to resign. Justice Subilim concurred, declaring the 15-year rule to be an “unfair practice” that stripped officers of their fundamental rights. The court affirmed that soldiers, just like other public servants, are entitled to voluntarily resign or retire at their discretion.
The court’s judgment further clarified that the substance of a resignation letter holds more weight than its title, dismissing the Air Force’s claim that Akerele’s letter was improperly worded. The ruling confirmed that Akerele’s resignation was effective from the day his letter was received. The court also ordered that the officer could not be arrested, detained, or forced back into military service, cementing his right to leave the force.
