The National Industrial Court (NIC) sitting in Abuja has struck down a controversial provision of the Harmonized Terms and Conditions of Service (HTACOS) for Nigerian Armed Forces officers, which required a minimum of 15 years of service before soldiers could resign.
Delivering judgment on Tuesday, Justice Emmanuel Subilim declared the rule “oppressive” and a violation of fundamental rights protected under the 1999 Constitution (as amended).
The verdict followed a suit filed by Flight Lieutenant J.A. Akerele, who challenged what he described as “systematic persecution and victimisation” by the Nigerian Air Force (NAF) after he sought to voluntarily disengage from service.
Akerele, commissioned in 2013 as a Pilot Officer during former President Goodluck Jonathan’s administration, told the court that his resignation was rejected by the then Chief of Air Staff, who later declared him absent without leave (AWOL) and issued an order for his arrest.
Claimant Narrates Ordeal
In his affidavit, Akerele narrated years of career setbacks, including loss of rank seniority, repeated changes in specialty from pilot training to Air Traffic Control, Unmanned Aerial Vehicles (UAV), and intelligence as well as six years stuck at the rank of Flying Officer instead of the standard four.
“The bitter experiences I was subjected to caused me severe emotional distress, feelings of victimisation, and trauma. It was for these reasons that I voluntarily resigned,” he stated.
According to him, after submitting his resignation, his commanding officers recommended approval of his request. However, the Air Force leadership rejected it, citing the 15-year rule in the HTACOS, and instead ordered his immediate arrest.
Akerele’s lawyer, Inibehe Effiong, argued that the rule violated Section 306 of the Constitution and amounted to “modern-day slavery under the guise of national service.”
Court’s Decision
Justice Subilim ruled that members of the Armed Forces have a constitutional right to voluntarily resign or retire. He faulted the Air Force’s stance, stating that the content of Akerele’s resignation letter mattered more than whether it was labeled “retirement” or “resignation.”
“The restrictive interpretation by the defendants cannot stand. Soldiers cannot be compelled to remain in service against their will,” the judge declared.
The court granted Akerele’s prayers, validating his resignation from the date his letter was received. It also issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling him to continue in service.
This landmark ruling could have significant implications for service terms across Nigeria’s military.
