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.
