The National Industrial Court in Abuja has declared unconstitutional a policy that compelled Nigerian military officers to serve a minimum of 15 years before they could resign.
The landmark ruling, delivered by Justice Emmanuel D. Subilim, affirms that members of the Armed Forces have a constitutional right to resign at any time, a right he stated cannot be infringed upon by mandatory service periods.
In a judgment delivered on Tuesday, September 2, 2025, Justice Subilim described the compulsory service rule as “modern-day slavery under the guise of national service.” The court’s decision stems from a case filed by human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele of the Nigerian Air Force. Akerele had faced significant challenges, including career disruptions, withheld allowances, and mental distress, after attempting to resign.
Effiong argued that Section 306 of Nigeria’s 1999 Constitution (as amended) guarantees an undeniable right to resign, and that the military’s use of the term “voluntary retirement” could not override the fundamental nature of Akerele’s resignation.
The court agreed, striking down the relevant provisions within the military’s Harmonized Terms and Conditions of Service (HTACOS). This ruling sets a precedent for military personnel, ensuring their right to freely leave service without being bound by restrictive, unconstitutional rules.
