The National Industrial Court in Abuja has struck down the 15-year compulsory service rule for Nigerian Armed Forces personnel, calling it unconstitutional and likening it to “modern-day slavery”
Court Nullifies 15-Year Mandatory Service Rule for Nigerian Armed Forces Officers
The National Industrial Court sitting in Abuja has declared unconstitutional the provision of the Harmonised Terms and Conditions of Service (HTACOS) that forced Nigerian Armed Forces officers to serve a minimum of 15 years before resigning.
Delivering judgment in suit number NICN/ABJ/25/2025, Justice Emmanuel Subilim ruled that the provision was “oppressive, unconstitutional, and a gross violation of fundamental rights guaranteed under the 1999 Constitution (as amended).”
The case was instituted by Flight Lieutenant J. A. Akerele, who challenged what he described as “systematic persecution and victimisation” after the Nigerian Air Force rejected his application to disengage from service.
Akerele, commissioned in 2013 during former President Goodluck Jonathan’s administration, told the court that after submitting his resignation letter, the then Chief of Air Staff not only rejected his request but declared him absent without leave and ordered his arrest.
Through his counsel, human rights lawyer Inibehe Effiong, the officer narrated how his career had been repeatedly undermined—citing the abrupt termination of his U.S. flight training, prolonged rank stagnation, cancelled training opportunities, and disruptions that left him “traumatised and mentally distressed.”
Despite recommendations from his immediate commanders for the approval of his resignation after due interviews and counselling, the Air Force authorities declined, insisting on the HTACOS rule that mandated 15 years of service.
In his ruling, Justice Subilim condemned the policy, likening its enforcement to “modern-day slavery under the guise of national service.” He affirmed that members of the Armed Forces possess the statutory right to retire or resign voluntarily, stressing that Section 306 of the Constitution must be interpreted broadly to safeguard that right.
The court further dismissed the Air Force’s argument that Akerele’s resignation letter should be treated as a request for voluntary retirement rather than resignation. According to the judge, “substance outweighs form,” and Akerele’s resignation was valid and effective from the date it was received.
Justice Subilim also granted a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling Akerele to remain in service.
