Court invalidates 15-Year mandatory service rule, affirms military Officers’ right to resign freely

The National Industrial Court in Abuja has ruled that the policy requiring Nigerian military officers to complete at least 15 years of service before resigning is unconstitutional.

In a judgment delivered on Tuesday, September 2, 2025, Justice Emmanuel D. Subilim stated that Armed Forces members cannot be forced into what he termed “modern-day slavery disguised as national service.” He confirmed that military officers have the constitutional right to resign whenever they choose.

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This case was brought by human rights attorney Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele, who faced harassment, delayed pay, interruptions in his career, and psychological distress following his attempt to leave the Air Force.

Effiong argued that, per Section 306 of the amended 1999 Constitution, Akerele had an unequivocal right to resign, and that the term “voluntary retirement” could not diminish the fundamental nature of his resignation.

Justice Subilim supported this argument, nullifying the sections of the Harmonized Terms and Conditions of Service (HTACOS) that enforced a 15-year service requirement before resignation or retirement. He also prohibited the Chief of Air Staff and the Nigerian Air Force from forcing Akerele to continue his service.

Effiong praised the ruling as a “well-researched decision” that strengthens judicial protection for military officers’ rights to resign.