Court tags of mandatory 15 years service rules in the armed forces as non -constitutional

The National Industrial Court in Abuja has canceled the provisions in the Terms and Conditions of Services (HTACOS) which are harmonized to Nigerian armed forces officers, which require personnel to serve a minimum of 15 years before being allowed to resign.

Delivering an assessment on Monday, Judge Emmanuel Subilim decided that the provision oppressed and was not constitutional, describing it as a violation of basic rights guaranteed based on the 1999 Constitution (as amended).

The decision followed the lawsuit (sign of NICN/ABJ/25/2025) submitted by Lieutenant Aviation JA Akerele, who challenged what he described as “systematic persecution and victimation” after the Nigerian Air Force (Naf) refused his request to resign.

Akerele, who was assigned to be a pilot officer in 2013, told the court that after years of promotional traffic jams, many re -assignments, and sudden termination of his training program, he experienced emotional stress and depression. He said this experience encouraged him to submit his resignation.

Apart from the recommendations of his direct commander who supported his release, the Chief of Air Staff at that time rejected his resignation on the grounds that the minimum service rules of 15 years in HTACOS, and then ordered his arrest.

In his decision, the Subilim judge equalized the enforcement of the HTACOS provisions with “modern slavery with the guise of the National Office,” emphasized that the armed forces officers had the right to resign or retire voluntarily.

The judge further argues that the form of Akerele’s resignation letter, wrote “voluntary retirement” instead of “resignation,” not important, because the substance is in harmony with section 306 of the constitution, which gives the rights to civil servants to resign.

As a result, the Court stated that Akerele’s resignation was valid from the date received by the Nafi and issued an Abadi order to arrest the Chief of Air Staff and Air Force from arresting, holding, or forced him to remain operating.