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Court Nullifies 15-Year Compulsory Service Rule for Soldiers

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The National Industrial Court (NIC) sitting in Abuja has nullified the provision of the Harmonized Terms and Conditions of Service for the Officers of the Nigerian Armed Forces (HTACOS), which made it mandatory for soldiers to serve for a minimum of 15 years before they could be allowed to resign.

The court, in a judgement that was delivered by Justice Emmanuel Subilim, declared the provision as both oppressive and a gross violation of fundamental rights that are protected by the 1999 Constitution, as amended.

The verdict followed a suit marked: NICN/ABJ/25/2025, which a dissatisfied Air Force personnel, Flight Lieutenant J. A. Akerele, lodged before the court.

The Claimant, who told the court that he was commissioned in 2013 as a Pilot Officer during the administration of former President Goodluck Jonathan, specifically challenged what he described as his “systematic persecution and victimisation,” by the authorities of the Nigerian Air Force, NAF, after he applied to disengage from service.

He told the court that the then Chief of Air Staff not only rejected his resignation letter but equally declared him AWOL with a signal issued for his arrest.

Narrating his ordeal, the Claimant, in an affidavit he filed in support of the suit that was entered on his behalf by a human rights lawyer, Inibehe Effiong, averred:

“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 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.”

He told the court that the bitter experiences he was subjected to caused him “severe emotional distress, feelings of victimization, and a lack of sense of direction.”

The Claimant insisted that the ordeal adversely affected his mental well-being, saying he was traumatized.

“It was for these reasons and the enduring depression and trauma that I voluntarily resigned and disengaged from the Nigerian Air Force,” he added.

According to the Claimant, after his letter for voluntary resignation was received, the authorities of the NAF subjected him to a series of interviews and counselling.

He stated that his Commander and the disposal officers who conducted the interviews and counselling sessions supported his decision and recommended that he should be allowed to disengage from service.

However, he told the court that despite the recommendations, the then Chief of Air Staff rejected his letter of disengagement, insisting that he must serve at least 15 years before he could be eligible to voluntarily resign.

The Claimant told the court that the Air Force boss, basing his decision on provisions of the HTACOS, ordered his immediate arrest.

He argued that as a public servant, he had the constitutional right to voluntarily resign from service.

Challenging the action, the Claimant contended that the said HTACOS was not only a breach of section 306 of the 1999 Constitution, as amended, but equally negated various subsisting court judgements.

Delivering his judgement in the matter on Tuesday, Justice Subilim faulted the decision of Air Force authorities, saying it was akin to forcing soldiers into “modern day slavery under the guise of national service.”

Declaring that members of the Armed Forces have the statutory right to retire or resign voluntarily, the court struck down the 15-year compulsory service requirement provided by the HTACOS.

It dismissed the NAF’s argument that the Claimant’s letter had “voluntary retirement” as its caption instead of “resignation.”

The court held that what was of utmost importance was the substance of the letter and not its form, adding that the word “resignation” as used in Section 306 of the 1999 Constitution, as amended, must be given a liberal and wider interpretation and not a restrictive interpretation, in line with decisions of the Supreme Court on principles governing the interpretation of the Constitution.

Consequently, the court granted the Claimant’s reliefs and declared his resignation from the NAF as valid and effective from the date his letter was received.

The court equally issued an order of perpetual injunction, restraining the Chief of Air Staff and the NAF, who were the 1st and 2nd defendants in the matter, from arresting or detaining the Claimant or compelling him to continue in military service.

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Ex-CJN Tanko Mohammed is Dead

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A former Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad (retd.), is dead. He was aged 71

The former CJN reportedly died at a hospital in Saudi Arabia, about two weeks before his 72nd birthday on December 31.

Muhammad’s death was confirmed in a condolence statement on Tuesday in Abuja by the Nigerian Association of Muslim Law Students (NAMLAS).

In the statement titled “NAMLAS Condolence Message on the Passing of Hon. Justice Ibrahim Tanko Muhammad, GCON, Former Chief Justice of Nigeria,” the association described his passing as a significant loss for the country.

“Indeed, to Allah we belong, and to Him we shall return.

“The Nigeria Association of Muslim Law Students (NAMLAS), National Headquarters, Abuja, receives with profound sorrow the news of the passing of Honourable Justice Ibrahim Tanko Muhammad, GCON, former Chief Justice of Nigeria. His demise is a monumental loss to the Nigerian judiciary, the legal profession, the Muslim Ummah, and the nation at large,” NAMLAS said.

The association hailed Justice Muhammad as “a towering figure of integrity, humility, and unwavering commitment to justice.”

According to NAMLAS, throughout his judicial career, Muhammad “exemplified the highest ideals of the Bench—fairness, courage, and fidelity to the rule of law.”

“As Chief Justice of Nigeria, he discharged his responsibilities with wisdom and restraint, leaving behind a legacy of service that will continue to guide generations of legal practitioners,” the statement added.

Beyond his role on the Bench, the association noted the late jurist’s mentorship of young Muslim law students across the country.

“To NAMLAS, the late Chief Justice was more than a jurist; he was a fatherly pillar and a source of encouragement to Muslim law students across the country,” it said.

The association also highlighted that the deceased’s “support, moral guidance, and openness to the aspirations of young Muslim legal minds reflected his deep belief in mentorship, continuity, and the nurturing of future custodians of justice.”

It extended condolences to his family, the Nigerian judiciary, and the nation.

“We extend our heartfelt condolences to his family, the Nigerian Judiciary, the Government and people of Nigeria, and the entire Muslim Ummah”.

The association offered prayers for the repose of his soul, asking that Allah forgive his shortcomings, accept his good deeds, and grant him “the highest abode in Jannatul Firdaus.”

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Gowon is Not Dead, in Good Health, Aide Debunks Death Rumour

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Adeyeye Ajayi, Personal Assistant to former military Head of State, General Yakubu Gowon (rtd), has dismissed recent rumours on social media purporting the death of the ex-leader.

Ajayi described the rumour as false and misleading.

In a statement released on Sunday, Ajayi called on the public to disregard the reports, emphasizing that they are baseless and misleading. He stressed that the rumours only serve to create unnecessary panic and confusion among Nigerians.

He assured that General Gowon is in good health and continues to live an active life. He highlighted that the former Head of State has been attending public functions and engaging with various social and national initiatives.

Ajayi further described General Gowon as a continued voice of reason in Nigeria, noting his ongoing contributions to national dialogue and development.

He urged Nigerians to focus on credible news sources, and exercise caution before sharing unverified information online.

Social media platforms in recent days have seen multiple posts claiming that the 90-year-old ex-leader had passed away. Analysts and observers have warned that such false reports can cause unnecessary anxiety and undermine public trust in information.

Ajayi concluded by urging the public to celebrate the legacy and life of General Gowon while dismissing any unverified reports about his health. He reiterated that the former head of state remains active, healthy, and committed to supporting initiatives for Nigeria’s growth and progress.

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Accord Party Reaffirms Adeleke As Osun Guber Candidate

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The Chairman of Accord Party in Osun State, Pastor Babalola Akande, says the only legally recognised candidate of the party for the 2026 governorship election in the is Governor Ademola Adeleke.

Akande made the clarification against the backdrop of primaries conducted on Sunday by another faction of the Accord Party in Osogbo.

He described the primaries conducted by the factional Accord Party as an unlawful political charade, orchestrated by the opposition.

“Let it be stated clearly, categorically, and without equivocation that all the actors being named in the fictitious primary, are not members of our party.

“Some of them were expelled from the party since 2018 for alleged fraud and other acts inimical to the unity, discipline, and progress of the party.

“Such a character or any other in his shoes, therefore, possess no authority whatsoever; moral, political, or legal, to convene, announce, or participate in any activity conducted in the name of the Accord Party,” he said.

He said the party is not disturbed by crude impersonation and political mischief, stating that the public should, however, know the impersonators are affiliates of the opposition, acting as proxies to undermine the popularity of Adeleke.

“Let me state with absolute finality that Adeleke is the duly nominated and lawful governorship candidate of the Accord in Osun.

“This position is incontestable, irreversible, and firmly grounded in law, haven emerged through due process in accordance with the Constitution of the Accord, the Electoral Act 2022, and established judicial precedents.

“For the avoidance of doubt, the Accord hereby issues a formal and stern warning to all concerned.

“Under the Electoral Act 2022, only recognised political parties acting through their duly constituted organs can lawfully conduct congresses or primary elections, after giving proper notice to the Independent National Electoral Commission (INEC).

“Any primary conducted outside this framework is illegal, null, void, and of no legal consequence whatsoever,” he said.

He said any individual parading himself as a candidate of the Accord without lawful nomination would be committing a clear act of impersonation and electoral fraud, which is actionable both under the Electoral Act 2022 and relevant provisions of the Criminal Code and Penal laws of the Federal Republic of Nigeria.

He said that Adeleke remained the sole and legally recognised governorship candidate of the Accord in Osun, noting that “no parallel structure, impersonator, and contrived spectacle can alter legal reality”.

He urged residents to ignore the distractions, which he said, were the handiwork of politically displaced actors.

A factional Accord Party in Osun, on Sunday, announced Mr. Clement Bamigbola as its 2026 governorship candidate.

NAN

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