Court Strikes Down 15-Year Compulsory Service Rule for Soldiers
Abuja | TEC News |
In a landmark ruling that could reshape military service in Nigeria, the National Industrial Court (NIC) has nullified a controversial provision of the Harmonized Terms and Conditions of Service (HTACOS) that forced officers and men of the Armed Forces to serve a minimum of 15 years before being allowed to resign.
Delivering judgment in Abuja on Tuesday, Justice Emmanuel Subilim declared the policy oppressive, unconstitutional, and a violation of the fundamental rights of military personnel guaranteed under the 1999 Constitution.
The verdict followed a suit (NICN/ABJ/25/2025) filed by Flight Lieutenant J.A. Akerele of the Nigerian Air Force, who challenged the refusal of his resignation request by military authorities.
Akerele, who was commissioned as a pilot officer in 2013, narrated years of frustration and career stagnation in the NAF. In an affidavit before the court, he recounted repeated changes in specialty, loss of rank seniority, unfulfilled training programs, and what he described as “systematic persecution and victimisation.”
“I was never promoted like my course mates and was shuttled between five different career paths. The bitter experiences caused me severe emotional distress and enduring trauma,” he stated.
After voluntarily resigning, Akerele was subjected to interviews and counselling. His commanders reportedly supported his disengagement, but the then Chief of Air Staff rejected his resignation, citing HTACOS rules, and instead declared him absent without leave (AWOL), issuing a signal for his arrest.
Justice Subilim condemned the military’s actions, likening them to “modern-day slavery under the guise of national service.” He ruled that the constitution clearly grants public servants — including members of the Armed Forces — the right to resign voluntarily.
The court dismissed the Air Force’s technical argument that Akerele’s letter was headed “voluntary retirement” instead of “resignation,” noting that the substance of the letter, not its title, was what mattered.
“The word ‘resignation’ as used in Section 306 of the 1999 Constitution must be given a liberal and wider interpretation, in line with the Supreme Court’s principles of constitutional interpretation,” the judge held.
The court:
- Declared Akerele’s resignation valid and effective from the date his letter was received.
- Issued a perpetual injunction restraining the Chief of Air Staff and the NAF from arresting, detaining, or compelling him to remain in service.
- Struck down the 15-year compulsory service requirement in HTACOS as unconstitutional.
This ruling sets a precedent that could affect thousands of serving personnel seeking to disengage from the Armed Forces before the 15-year benchmark. Legal analysts say it underscores the supremacy of constitutional rights over administrative rules and could trigger reforms in military service regulations.
