The National Industrial Court in Abuja has struck down a policy that forced Nigerian military officers to serve a minimum of 15 years before being allowed to resign, declaring it unconstitutional.
Delivering judgment on Tuesday, September 2, 2025, Justice Emmanuel D. Subilim ruled that members of the Armed Forces hold a constitutional right to resign at any time, a right he said cannot be curtailed by imposed service requirements.
He condemned the policy as “modern-day slavery under the guise of national service,” as he nullified provisions in the military’s Harmonized Terms and Conditions of Service (HTACOS) that mandated lengthy service periods before voluntary exit.
The ruling followed a case brought by human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele of the Nigerian Air Force. Akerele had encountered significant setbacks, including stalled career progression, withheld entitlements, and emotional distress, after seeking to resign from service.
Effiong argued that Section 306 of Nigeria’s 1999 Constitution (as amended) guarantees an unequivocal right to resign, adding that the military’s terminology of “voluntary retirement” could not diminish the constitutional weight of Akerele’s decision.
The court upheld his argument, striking down the contentious HTACOS clauses and reaffirming that military personnel cannot be compelled to serve under unconstitutional restrictions. The judgment is regarded as a milestone that secures the rights of officers to exit service freely and could lead to sweeping changes in military personnel policies.
