The National Industrial Court sitting in Abuja has nullified a provision in the Harmonised Terms and Conditions of Service (HTACOS) for Officers of the Nigerian Armed Forces that required personnel to serve a minimum of 15 years before being eligible to resign.
Delivering judgment on Tuesday in a suit filed by Flight Lieutenant J.A. Akerele, Justice Emmanuel Subilim described the provision as oppressive and a gross violation of constitutionally guaranteed fundamental rights under the 1999 Constitution (as amended).
Akerele, through his counsel, human rights lawyer Inibehe Effiong, had approached the court in suit NICN/ABJ/25/2025 to challenge what he termed “systematic persecution and victimisation” by the Nigerian Air Force (NAF) following his attempt to voluntarily resign from service.
Commissioned in 2013 during the administration of President Goodluck Jonathan, Akerele told the court that after submitting his resignation letter, the then Chief of Air Staff not only rejected it but also declared him absent without leave, issuing a signal for his arrest.
In a supporting affidavit, Akerele detailed a series of grievances, including the abrupt termination of his flight training in the United States, career stagnation, repeated cancellations of training opportunities, and forced changes in career paths—all of which he said left him mentally distressed and traumatised.
Despite receiving support from his commander and other officers during resignation interviews and counselling sessions, Akerele’s disengagement was blocked based on the HTACOS provision mandating 15 years of service.
He argued that the rule violated Section 306 of the Constitution, which provides for the right of public servants to resign voluntarily, and also contravened existing judicial precedents.
In his judgment, Justice Subilim ruled in Akerele’s favour, condemning the Air Force’s actions as akin to “modern-day slavery under the guise of national service.”
“Members of the Armed Forces have a statutory and constitutional right to resign or retire voluntarily,” the judge declared, striking down the 15-year minimum service requirement as unconstitutional and unenforceable.
The court also dismissed the NAF’s argument that Akerele’s letter referred to “voluntary retirement” rather than “resignation,” stating that substance must prevail over form, and that the word “resignation” under Section 306 should be interpreted liberally and broadly.
Accordingly, the court affirmed that Akerele’s resignation was valid and effective from the date his letter was received.
Justice Subilim further issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling Akerele to remain in military service.
