Court Nullifies Nigerian Military’s 15-Year Mandatory Service Rule, Declares Officers Free To Resign Anytime

The National Industrial Court in Abuja has struck down a long-standing military policy requiring personnel to serve a minimum of 15 years before they can resign, describing it as unconstitutional and oppressive.

Justice Emmanuel D. Subilim delivered the judgment on Tuesday, September 2, 2025, in Suit No. NICN/ABJ/25/2025 filed by Lagos human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele. The Chief of Air Staff and the Nigerian Air Force were listed as defendants.

The court ruled that members of the Armed Forces cannot be forced into “modern-day slavery under the guise of national service” and affirmed that every officer has a constitutional right to resign at any time under Section 306 of the 1999 Constitution. Justice Subilim declared null and void the provisions of the Harmonized Terms and Conditions of Service (HTACOS) that impose a 15-year mandatory service period.

Flight Lieutenant Akerele, commissioned in 2013 under then-President Goodluck Jonathan, detailed years of “systematic persecution and victimisation” after seeking to leave service. In his affidavit, he recounted being denied promotions, shuffled across five different career paths without clear direction, and subjected to emotional distress that led to enduring trauma and depression.

Despite support from his commander and supervising officers who recommended his disengagement, the Chief of Air Staff rejected Akerele’s resignation letter, insisting he must first complete 15 years of service. The Air Force later declared him absent without leave (AWOL) and ordered his arrest.

Effiong countered the Air Force’s position, arguing that the Constitution supersedes internal regulations and that public officers—including military personnel—have an unfettered right to resign. He urged the court to dismiss the defendants’ claims that the wording of Akerele’s letter—captioned “voluntary retirement” instead of “resignation”—invalidated his application.

In his ruling, Justice Subilim held that substance overrides form and that the intent of the letter clearly expressed Akerele’s wish to leave the service. He rejected the Air Force’s “semantical arguments” and applied a liberal interpretation of the term “resignation,” in line with Supreme Court precedents on constitutional interpretation.

The court validated Akerele’s resignation effective from the date it was submitted and issued an order permanently restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling him to remain in service.

Reacting to the verdict, Effiong praised the judgment as “well-researched” and lauded the court for reaffirming the principle that no Nigerian should be forced to serve against their will, even in the military.