‘They Can Resign At Anytime’ – Court Strikes Down 15-Year Mandatory Service Rule for Nigerian Soldiers

Court Strikes Down 15-Year Mandatory Service Rule for Nigerian Soldiers
Justice Subilim ruled soldiers can resign like other public servants.
Air Force officer Akerele’s resignation upheld, arrest threats dismissed.

The National Industrial Court in Abuja has nullified the law requiring members of the Nigerian Armed Forces to serve a minimum of 15 years before being allowed to resign from the military.

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EKO HOT BLOG reports that delivering judgment on Tuesday, Justice Emmanuel Subilim ruled in favour of an Air Force officer, Flight Lieutenant J. A. Akerele, who challenged the regulation after his resignation was rejected.

Akerele, who enlisted in 2013, told the court that his career had been marked by delayed promotions, constant changes in duty postings, and repeated setbacks. He said these experiences caused him trauma and distress, prompting his decision to voluntarily leave the service.

However, his resignation was rejected by the Chief of Air Staff, who insisted that he must complete 15 years in line with the Harmonized Terms and Conditions of Service (HTACOS). Instead of being released, Akerele was declared absent without leave and threatened with arrest.

Through his counsel, the officer argued that the rule was unconstitutional, stressing that public servants, including military officers, are entitled to resign under the 1999 Constitution. He also cited past court rulings that supported this position.

In his judgment, Justice Subilim described the 15-year mandatory service requirement as unfair and a violation of officers’ rights. He ruled that members of the Armed Forces, like other public servants, are entitled to resign or retire voluntarily.

The court further clarified that the validity of a resignation depends on its substance rather than its title, dismissing claims by the Air Force that Akerele’s resignation letter was wrongly worded.

Justice Subilim affirmed that Akerele’s resignation took effect from the date his letter was received and ordered that he cannot be arrested, detained, or compelled to return to military service.

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