The National Industrial Court in Abuja has struck down the Nigerian military’s long-standing policy requiring personnel to serve a minimum of 15 years before being allowed to resign.
Delivering judgment on Tuesday, September 2, 2025, Justice Emmanuel D. Subilim described the rule as oppressive and unconstitutional, insisting that members of the Armed Forces cannot be forced into what he termed “modern-day slavery under the guise of national service.”
The case was filed by human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele, who challenged the Nigerian Air Force’s refusal to accept his resignation. The Chief of Air Staff and the Nigerian Air Force were listed as defendants.
Akerele, who was commissioned in 2013, detailed in his affidavit years of frustration, stalled promotions, repeated changes in career paths, and what he described as victimization, which left him deeply traumatized. Despite support from his immediate superiors to leave, the Air Force rejected his resignation and insisted he must serve 15 years in line with the Harmonized Terms and Conditions of Service (HTACOS).
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As reported by SaharaReporters,Flight Lieutenant J. A. Akerele’s story goes thus:
“Before the 14th day of September 2013, I was selected based on merit as a final year student in the Nigerian Defence Academy in July 2013 to complete my Flight training in the United States of America. During the course of my studies, allowances were no longer released for about (5) five months and I was abruptly recalled from the course in July 2014, and this led to my loss of seniority in rank, and I was not assigned to any unit for over a year,” Akerele said.
“I switched 5 (five) different career paths as a young officer in the Nigerian Air Force, and during this course, I was never promoted as compared to my course mates, as I spent 6 (six) years on the rank of a Flying Officer instead of the standard 4 (four) years.”
“I was posted to the National Air Defence Corps, and my specialty was changed to Air Traffic Control and subsequently to Unmanned Aerial Vehicles (UAV); I began my UAV training in August 2016, but it was terminated as the foreign contractors were not paid according to terms.”
“After several months of waiting, my specialty was again changed to the Intelligence Arm of the Air Force. I was nominated for the Intelligence Course after serving in Base Services Group (BSG) Lagos from November 2019 to November 2020, but it was later canceled, and I was sent back to the UAV specialty.”
“All these bitter experiences, severe emotional distress, feelings of victimization, and a lack of sense of direction had a profound impact on my mental well-being, and it still resonates with me today. I am deeply traumatized by those events, and it continues to affect my mental health. It was for these reasons and the enduring depression and trauma that I voluntarily resigned and disengaged from the Nigerian Air Force,” the claimant continued.
According to Flight Lieutenant Akerele, the authorities of the Nigerian Air Force upon receiving his letter of voluntary disengagement subjected him to interviews and counselling, his Commander and the disposal officers who oversaw the interviews and counselling supported his decision and recommended that he should be allowed to disengage from service.
Justice Subilim held that the HTACOS provisions compelling 15 years of service are null and void, ruling that Section 306 of the Nigerian Constitution gives public servants, including military officers, the right to resign at any time.
The court further declared Akerele’s resignation valid and barred the Air Force from arresting or compelling him to remain in service.
Reacting after the verdict, Effiong praised the judgment as a landmark decision that reinforces the constitutional rights of military personnel.
