Court bans Nigerian military’s mandatory 15-year service rule, says soldiers can resign anytime

The National Industrial Court in Abuja has struck down the Nigerian military’s long-standing rule that requires officers to serve a minimum of 15 years before being allowed to resign, describing the policy as unconstitutional and oppressive.

Delivering judgment on Tuesday, Justice Emmanuel D. Subilim ruled that no member of the Armed Forces can be forced into “modern-day slavery under the guise of national service,” affirming that personnel have the constitutional right to resign at any time.

The case, filed as Suit No. NICN/ABJ/25/2025, was brought by human rights lawyer Inibehe Effiong on behalf of his client, Flight Lieutenant J.A. Akerele. The Chief of Air Staff and the Nigerian Air Force were joined as defendants.

Akerele, commissioned in 2013 by then-President Goodluck Jonathan, alleged years of victimisation, stalled promotions, abrupt course terminations, and repeated career changes within the Air Force. He told the court that the experience caused emotional distress and long-term trauma, which led to his decision to resign voluntarily.

Despite undergoing interviews and counselling that supported his disengagement, the Chief of Air Staff rejected his resignation letter and insisted that he must serve 15 years in line with the Harmonized Terms and Conditions of Service for Officers of the Nigerian Armed Forces (HTACOS). The Air Force subsequently declared him absent without leave (AWOL) and ordered his arrest.

Effiong argued that Section 306 of the 1999 Constitution guarantees every public servant the right to resign, regardless of service years, urging the court to reject the Air Force’s reliance on HTACOS.

In his ruling, Justice Subilim declared the 15-year mandatory service requirement “null, void, and of no effect,” stressing that constitutional provisions take precedence over military regulations. He further held that the intent of Akerele’s letter—to resign—was clear, regardless of its caption as “voluntary retirement.”

The court validated Akerele’s resignation from the Nigerian Air Force effective the day his letter was received. It also issued a perpetual injunction restraining the Chief of Air Staff and the Air Force from arresting, detaining, or compelling him to remain in service.

Reacting to the judgment, Effiong commended the court for delivering what he described as a “well-researched” and progressive decision that upholds the rights of military officers under the Constitution.