Court: No More 15-Year Military Mandatory Service, Soldiers Can Resign Anytime

The National Industrial Court sitting in Abuja has declared unconstitutional the long-standing policy requiring military personnel to serve a minimum of 15 years before being allowed to resign.

The landmark judgment, delivered on Tuesday, September 2, 2025, by Justice Emmanuel D. Subilim in Suit No. NICN/ABJ/25/2025, was filed by Lagos-based human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J.A. Akerele.

The court ruled that members of the Nigerian Armed Forces cannot be compelled into what it described as “modern-day slavery under the guise of national service,” affirming that military officers have the constitutional right to resign at any time.

The case, which named the Chief of Air Staff and the Nigerian Air Force as defendants, challenged the mandatory 15-year service requirement stipulated in the Harmonized Terms and Conditions of Service for Officers of the Nigerian Armed Forces (HTACOS).

Justice Subilim held that the policy was not only oppressive but also violated the constitutional rights of military personnel.

The court further declared that the provisions of the HTACOS enforcing the 15-year service period were unconstitutional, null, and void.

Flight Lieutenant Akerele, commissioned in 2013 as a Pilot Officer by then-President Goodluck Jonathan, detailed in his affidavit a series of alleged victimization and systemic persecution by the Nigerian Air Force after he sought to resign voluntarily.

Akerele recounted how his career trajectory was repeatedly disrupted due to administrative lapses and unfulfilled promises.

“Before the 14th day of September 2013, I was selected based on merit as a final-year student in the Nigerian Defence Academy to complete my flight training in the United States of America.

“However, during the course of my studies, allowances were withheld for five months, and I was abruptly recalled from the course in July 2014. This led to my loss of seniority in rank, and I was not assigned to any unit for over a year”, Akerele stated.

He further narrated how his career path within the Nigerian Air Force was switched multiple times, from air traffic control to unmanned aerial vehicles (UAVs) and later to intelligence operations, often with incomplete training or canceled programs.

Despite enduring these challenges, Akerele claimed he was never promoted in line with standard timelines, spending six years as a Flying Officer instead of the expected four years.

Akerele stated that his experiences caused severe emotional distress and left him deeply traumatized, prompting his decision to resign.

However, his resignation letter was rejected by the Chief of Air Staff, who insisted on adherence to the 15-year service requirement.

The Air Force subsequently declared Akerele absent without leave (AWOL) and issued orders for his apprehension.

Representing Akerele, Effiong argued that under Section 306 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Claimant, as a public servant, has a constitutional right to resign from service.

He urged the court to reject the Nigerian Air Force’s position, which sought to enforce the 15-year mandatory service period.

The defendants, represented by a Senior Advocate of Nigeria, contended that Akerele’s resignation letter was improperly titled “voluntary retirement” instead of “resignation,” arguing that the two terms have distinct legal meanings.

However, Justice Subilim dismissed this argument, stating that what mattered was the substance and intent of the letter, not its title.

The court emphasized that the word “resignation” in Section 306 of the Constitution must be interpreted liberally and not restrictively, in line with Supreme Court precedents on constitutional interpretation.

In his judgment, Justice Subilim granted all the reliefs sought by the claimant and declared Akerele’s resignation valid and effective from the date his letter was received.

The court also issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling Akerele to continue in military service.

Reacting to the ruling, Akerele’s counsel, Inibehe Effiong, commended the court for delivering what he described as a “well-researched and courageous judgment.”

He praised the court for reaffirming the constitutional rights of military personnel and for addressing what he called an oppressive policy.

Meanwhile, the judgment is expected to have far-reaching implications for the Nigerian Armed Forces, setting a precedent that reinforces the right of military personnel to resign voluntarily without being subjected to arbitrary service requirements.It also underscores the judiciary’s role in safeguarding constitutional freedoms against institutional overreach.