The National Industrial Court (NIC), sitting in Abuja, has struck down a controversial provision in the Harmonized Terms and Conditions of Service for Officers of the Nigerian Armed Forces (HTACOS), which required military personnel to serve a minimum of 15 years before being allowed to resign.
In a judgment delivered by Justice Emmanuel Subilim, the court declared the provision oppressive, unconstitutional, and a gross violation of the fundamental rights of service members as guaranteed under the 1999 Constitution (as amended).
The ruling came in response to a case (Suit No: NICN/ABJ/25/2025) filed by Flight Lieutenant J.A. Akerele of the Nigerian Air Force, who challenged what he described as systemic persecution after he attempted to voluntarily disengage from service.
Claimant’s Ordeal
Akerele, commissioned in 2013 during the administration of former President Goodluck Jonathan, told the court that after applying to resign, his request was rejected by the then Chief of Air Staff, who not only dismissed his letter but also declared him absent without leave (AWOL) and ordered his arrest.
He narrated a series of career frustrations and setbacks, including:
Being recalled prematurely from flight training in the United States in 2014 due to lack of funding.
Spending six years as a Flying Officer instead of the standard four, with no promotion in rank.
Being shuffled across multiple specialties, including Air Traffic Control, Unmanned Aerial Vehicles (UAV), and Intelligence, with repeated disruptions to his training.
Experiencing emotional distress, depression, and feelings of victimization due to the instability and lack of career progression.
Akerele explained that after his resignation letter was submitted, his Commander and other senior officers interviewed and counseled him, ultimately supporting his decision to leave. Despite this, the Chief of Air Staff rejected the request, insisting on compliance with the 15-year mandatory service rule under HTACOS, and ordered his detention.
Court’s Findings
Justice Subilim condemned the Armed Forces’ stance, likening it to “modern-day slavery under the guise of national service.” He emphasized that members of the military are public servants with a constitutional right to resign voluntarily.
The court dismissed the Air Force’s argument that Akerele’s letter was invalid because it was titled “voluntary retirement” instead of “resignation.” According to the judge, the substance of the request was what mattered, and Section 306 of the Constitution should be interpreted broadly to uphold individual rights.
Final Orders
The court declared Akerele’s resignation valid and effective from the date his letter was received. Additionally, it issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling him to continue in military service.
By striking down the 15-year mandatory service clause in HTACOS, the judgment affirms the statutory right of Armed Forces personnel to resign or retire voluntarily without undue restrictions.
