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Court Strikes Down 15-Year Compulsory Service Rule, Upholds Military Officers’ Right to Resign Freely

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Court Strikes Down 15-Year Compulsory Service Rule, Upholds Military Officers’ Right to Resign Freely

By EgbemaVoice

The National Industrial Court in Abuja has declared unconstitutional the policy requiring Nigerian military officers to serve a minimum of 15 years before resigning.

Delivering judgment on Tuesday, September 2, 2025, Justice Emmanuel D. Subilim ruled that members of the Armed Forces cannot be compelled into what he described as “modern-day sl@very under the guise of national service.” He affirmed that officers have the constitutional right to resign at any time.

The case, filed by human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele, challenged the policy after the officer faced persecution, delayed allowances, career disruptions, and mental d+stress following his attempt to leave the Air Force.

Effiong argued that under Section 306 of the 1999 Constitution (as amended), Akerele had an undeniable right to resign, and that the label “voluntary retirement” could not override the substance of his resignation.

Justice Subilim upheld this position, striking down provisions of the Harmonized Terms and Conditions of Service (HTACOS) mandating a 15-year service period before resignation or retirement. He further barred the Chief of Air Staff and the Nigerian Air Force from detaining or compelling Akerele to remain in service.

Effiong welcomed the verdict, calling it a “well-researched decision” that reinforces judicial protection of officers’ rights to resign from the military.

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