Amanze ChinonyeIn a landmark ruling, the National Industrial Court (NIC) in Abuja has nullified the Nigerian military’s 15-year compulsory service rule, affirming that officers have the constitutional right to resign voluntarily.
Join our WhatsApp Channel
The case, marked NICN/ABJ/25/2025, was filed by Flight Lieutenant J. A. Akerele of the Nigerian Air Force, represented by human rights lawyer Inibehe Effiong. Akerele’s resignation request was denied, and he was declared AWOL (Absent Without Leave), prompting orders for his arrest. Justice Emmanuel D. Subilim, who presided over the matter, described the 15-year rule as “modern-day slavery under the guise of national service” and a gross violation of fundamental rights protected by the 1999 Constitution.
Akerele recounted years of professional setbacks, including delayed promotions, repeated changes in specialty, interrupted foreign training, and denied allowances. He told the court that these experiences caused “severe emotional distress, feelings of victimization, and a lack of sense of direction,” leading him to seek voluntary resignation.
Despite recommendations from his commanders supporting his resignation, the then Chief of Air Staff, Air Chief Marshal Alex Sabundu Badeh rejected his request, insisting that he serve a minimum of 15 years under the Harmonized Terms and Conditions of Service (HTACOS).
READ ALSO: Nigeria’s Tier-2 Banks Brace for CBN Recapitalisation Shake-Up
Medical Negligence And Poor Work Attitude In Public Service
The court rejected this stance, ruling that the substance of Akerele’s letter labeled “voluntary retirement” constituted a legitimate resignation. A perpetual injunction was issued, restraining the Chief of Air Staff and the Nigerian Air Force from arresting or detaining Akerele or forcing continued service.
Legal experts have hailed the ruling as a major victory for individual rights within traditionally hierarchical institutions. Observers noted that the judgment effectively restores military personnel’s ability to make career choices without being constrained by arbitrary service periods. Analysts also said the decision sets an important precedent for balancing national security priorities with personal freedoms.
The Ministry of Defence has yet to respond formally. However, analysts say the judgment could prompt a review of military service policies, including recruitment, retention, and career progression strategies. Officers now have greater flexibility over their careers, while the defence establishment may need to adapt policies to retain personnel and maintain operational efficiency.
The ruling empowers military officers to resign voluntarily, strengthens constitutional protections within the armed forces, and may influence broader reforms in Nigeria’s military institutions.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
