By Onyeanya Ebere Immaculata
The National Industrial Court in Abuja has invalidated a military regulation requiring officers of the Nigerian Armed Forces to serve a minimum of 15 years before resigning, declaring it unconstitutional and oppressive.
Delivering judgment on Tuesday in a suit filed by Flight Lieutenant J.A. Akerele, Justice Emmanuel Subilim ruled that the provision in the Harmonised Terms and Conditions of Service (HTACOS), violates fundamental rights under the 1999 Constitution.
He affirmed that members of the Armed Forces have a statutory right to resign voluntarily, and held that Akerele’s resignation was valid from the date of submission, despite the Nigerian Air Force’s (NAF), refusal to accept it.
The court also issued a perpetual injunction restraining the Chief of Air Staff and the NAF from arresting, detaining, or compelling Akerele to continue serving.
Akerele, commissioned in 2013, had sued the NAF under case number NICN/ABJ/25/2025 after his resignation was rejected, leading to him being declared absent without leave and marked for arrest.
His counsel, Inibehe Effiong, argued that Akerele faced systematic persecution, cancelled training opportunities, abrupt termination of U.S. flight training, and professional stagnation that caused severe emotional and mental distress.
Despite endorsements from his superiors, the Chief of Air Staff rejected Akerele’s resignation, citing the HTACOS rule mandating 15 years of service.
Justice Subilim dismissed this stance as “modern-day slavery under the guise of national service,” stressing that the right to resign cannot be curtailed by administrative technicalities.
He further ruled that Akerele’s use of the term “voluntary retirement” instead of “resignation” did not invalidate his request, as substance must prevail over form.
The judgment is expected to set a major precedent for Armed Forces personnel seeking to resign before completing the erstwhile mandatory 15-year term.
