The National Industrial Court sitting in Abuja has struck down the Nigerian military’s policy compelling officers to serve a minimum of 15 years before being allowed to resign, declaring it unconstitutional and oppressive.
Delivering judgment on Tuesday, September 2, 2025, in Suit No: NICN/ABJ/25/2025, Justice Emmanuel D. Subilim ruled that officers of the Armed Forces cannot be forced into “modern-day slavery under the guise of national service.” The case was filed by Lagos-based human rights lawyer, Inibehe Effiong, on behalf of his client, Flight Lieutenant J. A. Akerele, with the Chief of Air Staff and the Nigerian Air Force listed as defendants.
Court Condemns Draconian Rule
Justice Subilim held that the military’s insistence on a 15-year compulsory service period violates the constitutional rights of personnel. He described the policy as not only oppressive but also inconsistent with Section 306 of the 1999 Constitution, which grants public servants the right to resign at any time.
The judge further dismissed the argument by the Nigerian Air Force’s legal team, led by a Senior Advocate of Nigeria, that the Claimant’s letter amounted to “voluntary retirement” rather than “resignation.” According to the court, what mattered was the substance and intent of the letter, not the technical wording.
“The word ‘resignation’ as used in Section 306 of the Constitution must be given a liberal and wider interpretation and not a restrictive one,” Justice Subilim ruled.
The court granted all the reliefs sought by the Claimant, declared his resignation valid from the date his letter was received, and issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting or detaining him or compelling him to remain in service.
Akerele’s Ordeal in the Air Force
Flight Lieutenant Akerele, who was commissioned in 2013 as a Pilot Officer by then-President Goodluck Jonathan, narrated in his affidavit how he endured “systematic persecution and victimisation” after seeking to disengage from the service.
He recounted:
- “Before the 14th day of September 2013, I was selected based on merit as a final year student in the Nigerian Defence Academy in July 2013 to complete my Flight training in the United States of America. During the course of my studies, allowances were no longer released for about (5) five months and I was abruptly recalled from the course in July 2014, and this led to my loss of seniority in rank, and I was not assigned to any unit for over a year.”
- “I switched 5 (five) different career paths as a young officer in the Nigerian Air Force, and during this course, I was never promoted as compared to my course mates, as I spent 6 (six) years on the rank of a Flying Officer instead of the standard 4 (four) years.”
- “I was posted to the National Air Defence Corps, and my specialty was changed to Air Traffic Control and subsequently to Unmanned Aerial Vehicles (UAV); I began my UAV training in August 2016, but it was terminated as the foreign contractors were not paid according to terms.”
- “After several months of waiting, my specialty was again changed to the Intelligence Arm of the Air Force. I was nominated for the Intelligence Course after serving in Base Services Group (BSG) Lagos from November 2019 to November 2020, but it was later canceled and I was sent back to the UAV specialty.”
According to him, these experiences left him deeply scarred. “All these bitter experiences, severe emotional distress, feelings of victimization, and a lack of sense of direction had a profound impact on my mental well-being and it still resonates with me today. I am deeply traumatized by those events and it continues to affect my mental health. It was for these reasons and the enduring depression and trauma that I voluntarily resigned and disengaged from the Nigerian Air Force.”
Akerele said his resignation letter was supported by his commander and officers who interviewed him, but was eventually rejected by the Chief of Air Staff, who insisted he must complete 15 years in service. He was later declared absent without leave (AWOL), and a signal was issued for his arrest.
Counsel Commends Judgment
Effiong, counsel to the Claimant, welcomed the ruling, describing it as a victory for justice and human rights. He argued that the military had no legal basis to hold officers against their will.
He praised the court for its clarity, saying the judgment “restated the jurisprudence of the court on the issue” and commending Justice Subilim for delivering a “well-researched decision.”
[SAHARA REPORTERS]
