Court Nullifies Rule Mandating 15-Year Service For Soldiers Before Resignation

The National Industrial Court (NIC) in Abuja has struck down a controversial military service rule that forced personnel to serve a minimum of 15 years before being allowed to resign or retire.

Justice Emmanuel Subilim, in delivering judgment on Tuesday, declared the provision in the Harmonised Terms and Conditions of Service for Officers of the Nigerian Armed Forces (HTACOS) as oppressive, unconstitutional, and a violation of fundamental rights under the 1999 Constitution.

The ruling came in response to a suit filed by Flight Lieutenant J. A. Akerele, who accused the Nigerian Air Force (NAF) of victimisation after he applied to resign from service.

Akerele, commissioned in 2013 during former President Goodluck Jonathan’s administration, recounted a series of ordeals, including abrupt termination of foreign training, repeated changes in career paths, loss of seniority, and years without promotion.

He said the experiences left him traumatised, depressed, and without a clear direction in the Air Force.

According to him, after tendering his resignation, his commanders and interview panels approved it.

However, the then Chief of Air Staff allegedly rejected his request, citing the 15-year mandatory service requirement in the HTACOS, and instead declared him absent without leave (AWOL) while ordering his arrest.

In his defence, Akerele argued that public servants, including military personnel, are constitutionally entitled to resign voluntarily under Section 306 of the Constitution. He described the 15-year rule as illegal and contrary to existing judicial precedents.

Justice Subilim upheld his arguments, likening the military’s stance to “modern-day slavery under the guise of national service”.

The judge stressed that soldiers cannot be compelled against their will to remain in service once they have chosen to resign.

The court also dismissed NAF’s claim that the caption of Akerele’s letter, which read “voluntary retirement” instead of “resignation”, invalidated his application.

Subilim ruled that substance should guide interpretation, adding that constitutional provisions must be read liberally in line with Supreme Court decisions.

Consequently, the court validated Akerele’s resignation from the Air Force with effect from the date his letter was received.

It further issued a perpetual injunction restraining the Chief of Air Staff and the NAF from arresting, detaining, or compelling him to remain in service.