The National Industrial Court sitting in Abuja has invalidated a clause in the Harmonised Terms and Conditions of Service (HTACOS) for officers of the Nigerian Armed Forces, which required personnel to serve at least 15 years before being permitted to resign.
Justice Emmanuel Subilim, delivering judgment on Tuesday in a case brought by Flight Lieutenant J.A. Akerele, ruled that the provision was oppressive and inconsistent with the fundamental rights guaranteed under the 1999 Constitution (as amended).
Akerele, who was commissioned as a Pilot Officer in 2013 during the Goodluck Jonathan administration, had taken legal action after the Nigerian Air Force (NAF) rejected his resignation letter.
In suit number NICN/ABJ/25/2025, the officer alleged “systematic persecution and victimisation” following his application to leave the service.
He told the court that the then Chief of Air Staff not only turned down his request but also declared him absent without leave and ordered his arrest.
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Through his counsel, Inibehe Effiong, Akerele narrated how his career was derailed, citing the abrupt termination of his flight training in the United States, repeated changes in career paths, cancellation of training opportunities, and stagnation. These setbacks, he said, led to “severe emotional distress, victimisation, and loss of direction,” which harmed his mental health.
He further argued that although his immediate superiors supported his resignation, the Chief of Air Staff blocked it on the grounds of the HTACOS 15-year service condition.
According to him, this violated Section 306 of the Constitution and judicial precedents that guarantee public servants the right to voluntarily resign.
In agreeing with his position, Justice Subilim described the military’s stance as “modern-day slavery under the guise of national service.”
The court affirmed that officers of the Armed Forces are entitled to resign or retire voluntarily and declared Akerele’s resignation valid from the date it was submitted.
It rejected the NAF’s claim that he applied for “voluntary retirement” rather than “resignation,” stressing that substance outweighs form in constitutional matters.
Additionally, the court issued a perpetual injunction restraining the Chief of Air Staff and the NAF from arresting, detaining, or compelling Akerele to continue serving against his will.
