The National Industrial Court (NIC) in Abuja has nullified a controversial military rule requiring soldiers to serve at least 15 years before resigning.
Justice Emmanuel Subilim delivered the judgment in a case filed by Flight Lieutenant J.A. Akerele, who challenged his alleged persecution by the Nigerian Air Force (NAF) after attempting to resign.
Akerele said he endured career stagnation, repeated redeployments, and emotional trauma before submitting his resignation. Despite support from his commanders, the then Chief of Air Staff rejected his letter, citing the Harmonized Terms and Conditions of Service (HTACOS), and declared him AWOL.
The court ruled the HTACOS clause unconstitutional, describing it as akin to “modern-day slavery under the guise of national service.”
Justice Subilim held that public officers, including soldiers, enjoy the constitutional right to voluntarily resign, citing Section 306 of the 1999 Constitution.
The court validated Akerele’s resignation, barred the Air Force from re-arresting him, and ordered that officers cannot be compelled to remain in service against their will.
