The National Industrial Court in Abuja has struck down a controversial provision in the Harmonised Terms and Conditions of Service (HTACOS) for officers of the Nigerian Armed Forces, which required soldiers 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 rule as “oppressive” and a gross violation of fundamental rights guaranteed under the 1999 Constitution (as amended).
Akerele, commissioned as a Pilot Officer in 2013 during the administration of former President Goodluck Jonathan, had challenged the Nigerian Air Force’s refusal to accept his resignation.
In the suit marked NICN/ABJ/25/2025, Akerele alleged “systematic persecution and victimisation” after applying to disengage from service. He claimed that the then Chief of Air Staff not only rejected his resignation but also declared him absent without leave and ordered his arrest.
Through his lawyer, Inibehe Effiong, the officer detailed his ordeal in an affidavit, citing abrupt termination of his U.S. flight training, career stagnation, cancelled opportunities, and repeated changes in career paths. These, he said, caused “severe emotional distress, victimisation, and loss of direction,” damaging his mental health.
Although his immediate commanders reportedly endorsed his resignation, the Chief of Air Staff blocked the move, invoking the HTACOS 15-year service rule. Akerele argued that the provision violated Section 306 of the Constitution and judicial precedents, insisting that members of the Armed Forces, like other public servants, have the constitutional right to resign voluntarily.
In siding with Akerele, Justice Subilim ruled that the military’s action amounted to “modern-day slavery under the guise of national service.” He held that members of the Armed Forces have a statutory right to resign or retire voluntarily, declaring Akerele’s resignation valid from the date his letter was received.
The court dismissed the Air Force’s claim that Akerele applied for “voluntary retirement” instead of “resignation,” stressing that substance must prevail over form.
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 continue serving.
