The National Industrial Court in Abuja has ruled against the law that forces soldiers in the Nigerian Armed Forces to serve for at least 15 years before they could leave the military.
The judgement, delivered on Tuesday by Justice Emmanuel Subilim, came after an Air Force officer, Flight Lieutenant J. A. Akerele, challenged the rule in court.
Akerele, who joined the Air Force in 2013, told the court that his career had been filled with setbacks, delayed promotions, and repeated changes in his assigned duties.
He explained that these experiences caused him distress and trauma, leading him to voluntarily resign.
However, his request to leave the service was turned down by the Chief of Air Staff, who insisted he must complete 15 years in line with the Harmonized Terms and Conditions of Service, known as HTACOS.
Instead of being released, he was declared absent without leave and threatened with arrest.
The officer argued through his lawyer that the regulation was unconstitutional because public servants have the right to resign under the 1999 Constitution.
He also pointed out that the rejection of his resignation went against earlier court rulings.
After reviewing the case, Justice Subilim declared the 15-year service rule invalid, describing it as an unfair practice that stripped officers of their rights.
He ruled that soldiers, like other public servants, are entitled to resign or retire voluntarily when they choose.
The court also stated that the substance of a resignation letter matters more than its title, dismissing the Air Force’s claim that Akerele’s letter was wrongly worded.
The judgement affirmed Akerele’s resignation as effective from the day his letter was received.
The court further ordered that he cannot be arrested, detained, or forced back into military service.
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