Court Voids 15-Year Mandatory Service Rule for Nigerian Military Officers, Says Personnels Can Retire Any Time
The National Industrial Court in Abuja has learnt and upheld a ruling that nullifies a controversial clause in the Harmonised Terms and Conditions of Service for Officers of the Nigerian Military, PulseNets reports.
The disputed provision had forced officers to complete a minimum of 15 years in uniform before being allowed to resign. In a judgment obtained by PulseNets in the case filed by Flight Lieutenant J. A. Akerele, Justice Emmanuel Subilim ruled that such a condition was “oppressive and inconsistent with the fundamental rights guaranteed under the 1999 Constitution as amended.”
Court Declares HTACOS Rule a Violation of Rights
Delivering the judgment, Justice Subilim strongly condemned the restriction, stressing that members of the armed forces retain the constitutional right to disengage whenever they choose. He described the 15-year clause as “nothing short of modern-day slavery parading itself as national service.”
PulseNets learnt that the suit, with reference number NICN/ABJ/25/2025, was instituted by Flight Lieutenant Akerele, who challenged the legality of the provision after what he described as unfair treatment by the Nigerian Air Force.
Akerele’s Ordeal and Legal Battle
Mr Akerele told PulseNets through his filings that the then Chief of Air Staff had rejected his resignation letter, declared him absent without leave, and even ordered a signal for his arrest. His lawyer, Inibehe Effiong, argued in court that the policy amounted to persecution and victimisation, leaving his client traumatised, emotionally distressed, and directionless.
Counsel further argued that the HTACOS clause directly violated Section 306 of the 1999 Constitution and ran contrary to established judicial precedents.
Judgment Favors Officer’s Freedom
Justice Subilim agreed with Akerele’s position, upholding his resignation as valid and effective from the day his letter was first received. The judge also issued a restraining order preventing the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling the officer to remain in service against his will.
By this decision, PulseNets can report that the Nigerian military has been dealt a significant legal blow, with the judgment reaffirming that the rights of officers cannot be suppressed under the pretext of military discipline.
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This ruling sets a precedent that could impact thousands of Nigerian Armed Forces officers currently bound by the disputed 15-year resignation barrier. It reinforces constitutional supremacy and raises fresh debates about the balance between national security obligations and individual rights.
Legal experts told PulseNets that the case will likely trigger a review of military service conditions and could spark similar challenges by other officers seeking to leave the force.
