The National Industrial Court of Nigeria sitting in Abuja has struck down the controversial rule in the Nigerian military which mandated officers to serve a minimum of 15 years before tendering their resignation.
Delivering judgment, Justice Emmanuel Subilim described the provision in the Harmonised Terms and Conditions of Service (HTACOS) as “oppressive, unconstitutional and a modern-day form of slavery under the guise of national service.”
The case was instituted by Flight Lieutenant J. A. Akerele, who joined the Nigerian Air Force in 2013 and sought to resign after 10 years of service. Akerele told the court that his career was deliberately stifled, noting that he was denied promotion and kept at the rank of Flying Officer for six years. His flight training in the United States was abruptly halted, and he faced systematic persecution which eventually pushed him to apply for voluntary exit.
Despite endorsements from his immediate commanders, the then Chief of Air Staff rejected his resignation and later declared him absent without leave (AWOL), issuing a warrant for his arrest.
Through his lawyer, human rights activist Inibehe Effiong, Akerele challenged the legality of the 15-year service clause. He argued that it violated Section 306 of the 1999 Constitution (as amended), which guarantees every public servant—including members of the armed forces—the right to resign from office.
Justice Subilim agreed with the argument, stressing that the right to exit service is a fundamental freedom that cannot be curtailed by internal regulations. The court also dismissed the Air Force’s technical objection that Akerele’s letter was titled “voluntary retirement” rather than “resignation,” ruling that substance must prevail over form.
Consequently, the court validated Akerele’s resignation as effective from the date it was received by the Nigerian Air Force. It further issued a perpetual injunction restraining the Chief of Air Staff and the Air Force from arresting, detaining, or compelling him to continue in service against his will.
The ruling has far-reaching implications for the Nigerian military. By declaring the 15-year rule illegal, the judgment opens the door for other personnel who feel trapped in service to seek voluntary resignation without fear of persecution or rejection. Analysts believe the decision could trigger a review of the HTACOS and other restrictive service conditions across the armed forces.
For many observers, the case marks a turning point in balancing national service with the constitutional rights of individual officers, reaffirming that patriotism cannot be enforced through coercion.
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