- Industrial Court nullifies mandatory 15-year service before resignation.
- Defence insists rule stands until Armed Forces Act is amended.
- Case arose from Flight Lieutenant Akerele’s resignation dispute.
The Nigerian military has dismissed a National Industrial Court ruling that struck down the rule requiring personnel to serve 15 years before resignation.
Eko Hot Blog reports that Justice Emmanuel Subilim declared the provision unconstitutional and oppressive, likening it to modern-day slavery. The judgment has been hailed as a win for service members, but the Defence Headquarters insists the Armed Forces Act and the Harmonised Terms and Conditions of Service remain binding until lawmakers amend them.
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Major-General Markus Kangye, Director of Defence Media Operations, said the military operates strictly within existing laws. He noted that the institution cannot abandon rules still recognised by legislation and stressed that only Parliament can effect changes to the compulsory service requirement.
The case was initiated by Flight Lieutenant J. A. Akerele, who sought to resign after nearly a decade of service. Akerele alleged he was victimised after making his request, including being denied promotion and having his career progression disrupted. His suit prompted the court’s landmark decision affirming that military personnel have a constitutional right to resign.
Despite this ruling, the military’s position highlights the tension between judicial pronouncements and institutional discipline. While the court underscored the principle of freedom of choice, the armed forces argue that operational cohesion and national security obligations require strict compliance with current law until Parliament intervenes.
The verdict has generated nationwide debate, with lawyers and civil society groups urging the government to align military regulations with constitutional rights. Critics say the existing rule infringes on personal liberty, while supporters argue that discipline and stability in the armed forces must not be compromised.
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