National Interest Network hails court ruling against 15 years compulsory service rule for soldiers.
Abuja|TEC News|7th September, 2025
The National Interest Network (NIN) has lauded the National Industrial Court (NIN) judgment, which set aside the 15 years compulsory service rule for soldiers in Nigeria.
The group National President, H.E DaSilva Johnson said this in a statement released to TEC News on Sunday.
Johnson described the Tuesday ruling as a victory for justice, human dignity, and constitutional democracy.
“This ruling is a bold affirmation that no institution or policy can override the rights of citizens guaranteed by the Constitution,” National Interest Network said in a statement. “Loyalty to country must never translate into enforced servitude. Members of the Armed Forces deserve both dignity and respect for their service.
”The network further called on the Ministry of Defence and the military hierarchy to urgently review all service policies that contradict constitutional provisions and ensure that reforms reflect democratic value.”
Legal experts have also noted that the ruling sets a precedent for future cases and could pave the way for wide-ranging reforms in military service conditions. Observers say it also underscores the supremacy of the Constitution over administrative policies, especially in protecting the rights of serving personnel.
The National Industrial Court (NIC), sitting in Abuja, had on Tuesday nullified the controversial provision of the Harmonized Terms and Conditions of Service (HTACOS) that made it mandatory for officers of the Nigerian Armed Forces to serve for at least 15 years before being allowed to resign.
Delivering judgment, Justice Emmanuel Subilim declared the rule unconstitutional, oppressive, and a gross violation of the fundamental rights guaranteed under the 1999 Constitution.
The case was filed by Flight Lieutenant J.A. Akerele, who was commissioned into the Nigerian Air Force (NAF) in 2013. Akerele told the court that after years of stagnation, repeated changes in career paths, and unfulfilled training opportunities, he chose to voluntarily resign.
Despite recommendations from his commanders that he should be allowed to disengage, the then Chief of Air Staff rejected his resignation, declared him absent without leave (AWOL), and ordered his arrest, citing HTACOS provision.
In his affidavit, Akerele recounted emotional distress, trauma, and what he described as “systematic persecution and victimisation” during his service. His lawyer, human rights activist Inibehe Effiong, argued that the HTACOS provision breached Section 306 of the Constitution and violated earlier court ruling.
In a strongly worded judgment, Justice Subilim condemned the policy, likening it to “modern-day slavery under the guise of national service.
The court rule that members of the Armed Forces have the statutory right to voluntarily resign or retirement also that Akerele’s resignation was valid and effective from the date his letter was received.
The Chief of Air Staff and the NAF were restrained from arresting, detaining, or compelling him to remain in service.
The judge also dismissed the NAF’s claim that the caption of Akerele’s letter — “voluntary retirement” instead of “resignation” — invalidated his request, stressing that substance was more important than form in constitutional matters.