The National Industrial Court in Abuja has overturned a provision in the Harmonized Terms and Conditions of Service for Officers of the Nigerian Armed Forces that required troops to serve at least 15 years before being permitted to resign.
Justice Emmanuel Subilim delivered judgment on Tuesday in a suit filed by Flight Lieutenant J.A. Akerele, describing the rule as oppressive and a blatant breach of fundamental rights protected by the 1999 Constitution (as amended).
Akerele, who was commissioned as a pilot officer in 2013 under former President Goodluck Jonathan, had contested the Nigerian Air Force’s reluctance to accept his resignation.
In his complaint, NICN/ABJ/25/2025, Akerele claimed “systematic persecution and victimization” after requesting to be released from service.
He said that the then Chief of Air Staff not only rejected his resignation but also declared him absent without leave and issued a warrant for his arrest.
Akerele outlined his ordeal in an affidavit through his lawyer, Inibehe Effiong, alleging abrupt termination of his flying training in the United States, career stagnation, multiple career path modifications, and training chances that were cancelled.
These, he claimed, caused him “severe emotional distress, victimization, and loss of direction,” which harmed his mental health.
He claimed that, while his commanders and officers who interrogated him supported his resignation, the Chief of Air Staff opposed it, citing the HTACOS 15-year service requirement.
Akerele said that the rule violated Section 306 of the Constitution and existing judicial precedents, claiming that he, like all public employees, had the constitutional right to quit voluntarily.
Justice Subilim agreed with him, ruling that the military’s actions constituted “modern-day slavery under the guise of national service.”
The court found that personnel of the Armed Forces have a statutory right to resign or retire voluntarily, and it overturned the HTACOS provision.
It also determined that Akerele’s resignation was legal and effective from the date his letter was received, rejecting the NAF’s claim that he applied for “voluntary retirement” rather than “resignation.”
According to the court, substance must take precedence over form, and the constitutional right to resign should be liberally defined.
Justice Subilim also ordered a perpetual injunction, prohibiting the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling Akerele to continue serving.
