In a landmark decision that could reshape military service, the National Industrial Court in Abuja has declared the Nigerian military’s mandatory 15-year service period unconstitutional, ruling that soldiers have the right to resign at any time.
The judgment, delivered on Tuesday, September 2, 2025, by Justice Emmanuel D. Subilim, came in a suit filed by prominent human rights lawyer Inibehe Effiong on behalf of his client, Flight Lieutenant J. A. Akerele. The court’s decision effectively nullifies a long-standing policy that has been described as a form of “modern-day slavery.”
A Soldier’s Struggle for Freedom
The case was initiated after the Nigerian Air Force rejected Flight Lieutenant Akerele’s letter of voluntary resignation, insisting he had to complete 15 years of service. In his affidavit, Akerele detailed a history of “systematic persecution and victimisation” within the Air Force, which he said led to severe emotional distress and trauma.
He recounted being abruptly recalled from a flight training program in the United States, losing his seniority, and being repeatedly reassigned to five different career paths over the years. This included a terminated UAV training course due to unpaid contractors and a canceled intelligence course. These experiences, he stated, took a heavy toll on his mental health and ultimately led to his decision to resign.
Despite his commanders and disposal officers recommending his disengagement, the Chief of Air Staff rejected the request, citing the Harmonized Terms and Conditions of Service for officers. The Air Force then declared him Absent Without Leave (AWOL) and issued an order for his arrest.
Court Upholds Constitutional Rights
In court, Effiong argued that the military’s policy was not only oppressive but also violated Section 306 of the Nigerian Constitution, which grants public servants the right to resign.
Justice Subilim sided with the claimant, rejecting the Air Force’s argument that “voluntary retirement” and “resignation” were legally distinct. The judge reasoned that the substance of the letter, not the specific wording, was what mattered. He ruled that the term “resignation” in the Constitution should be interpreted broadly to protect the fundamental right to disengage from service.
The court declared the provision of the Harmonized Terms and Conditions of Service requiring a 15-year minimum as unconstitutional, null, and void.
A Victory for Human Rights
The court granted all the reliefs sought by Flight Lieutenant Akerele, validating his resignation and issuing a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting or detaining him.
Reacting to the judgment, Effiong praised the judge for a “well-researched” ruling that upheld the constitutional rights of military personnel. This landmark decision is expected to have far-reaching implications for the rights of service members in Nigeria, ensuring they are not indefinitely bound to their roles against their will.
