By Abdullahi Mukhtar Algasgaini
A landmark judgment by the National Industrial Court in Abuja on Tuesday nullified a controversial military rule that compelled officers to serve for a minimum of 15 years before being allowed to resign.
The court declared the provision, contained in the Harmonised Terms and Conditions of Service for Officers (HTACOS), as “oppressive” and a “gross violation” of fundamental rights protected by the 1999 Constitution.
The ruling was delivered by Justice Emmanuel Subilim in a suit filed by Flight Lieutenant J. A. Akerele against the Nigerian Air Force (NAF).
Akerele had accused the force of “systematic persecution and victimisation” after he applied to resign.Commissioned as a pilot officer in 2013, Akerele stated that after submitting his resignation, the then-Chief of Air Staff not only rejected his letter but also declared him Absent Without Leave (AWOL) and issued a signal for his arrest.
In his affidavit, Akerele detailed a series of professional setbacks, including an abruptly terminated flight training in the U.S., prolonged stagnation in rank, and cancelled training opportunities, which he said caused him “severe emotional distress” and left him “traumatised.”
He argued that the 15-year service requirement violated his constitutional right to resign, as guaranteed by Section 306 of the 1999 Constitution.
In his judgment, Justice Subilim agreed, likening the rule to “modern-day slavery under the guise of national service.” The court struck down the compulsory service requirement and issued a perpetual injunction restraining the NAF from arresting or detaining Akerele.
The court also dismissed the NAF’s technical argument that Akerele had used the term “voluntary retirement” instead of “resignation,” ruling that the substance of his request was clear and valid.