Court Holds Nigerian Air Force Officer’s Resignation Valid Despite Lack Of Approval From Chief Of Air Staff

The Court held that Godswill’s resignation letter was valid and effective from the date of its receipt 16 November 2020 by the Chief of Air Staff and the Nigerian Air Force.

From facts, the claimant- Tsaro Godswill had submitted that he was enlisted into the service of the Nigerian Air Force on 23 April 2007 and after serving for 13 years, he voluntarily tendered a resignation letter dated 2 November 2020.

Godswill averred that notwithstanding the issuance and acknowledgement of his resignation letter, the Chief of Air Staff and the Nigerian Air Force are turning around to complain about his resignation.

However, despite being served, the Chief of Air Staff and the Nigerian Air Force did not enter any appearance, did not file any defence process, nor were they represented in court.

The counsel to claimant, M. A. Danmama, with Miss Maryam Kana Ishaq, opined that the Nigerian Air Force cannot hide under any legislature to refuse their client his right of resignation — this, if done, is tantamount to an affront disregard and disobedience to the clear provisions of the Constitution, urging the Court to so hold.

The learned counsel stated that assuming without conceding that the Chief of Air Staff and the Nigerian Air Force are insistent on their position not to approve (purportedly) the claimant’s exit despite his due resignation, that it will amount to forced labour, contrary to section 34(1)(c) of the 1999 Constitution.

After careful evaluation of the submission of the claimant, the Hon. President of the Court, Justice Benedict Kanyip reiterated that the Chief of Air Staff and the Nigerian Air Force’s failure for non-appearance or no defence to the case does not absolve Godswill from proving its case to the satisfaction of the Court.

On whether Godswill has the right to voluntarily resign from the service of the defendants as a public officer, Justice Kanyip stated that Godswill became entitled to be discharged as soon as his Exhibit A was received by the Chief of Air Staff and the Nigerian Air Force given section 306 of the 1999 Constitution, and affirmed that the Armed Forces Act is subordinate to the Constitution.

Justice Kanyip held that Godswill stands discharged as soon as the application for voluntary discharge was received by the Chief of Air Staff and the Nigerian Air Force authorised person to receive it as provided under section 32(1) of the Armed Forces Act.