National Industrial Court in Abuja struck down the controversial 15-year mandatory service requirement for Nigerian military personnel.
Judges ruled the policy was tantamount to “modern-day slavery under the guise of national service,” reaffirming service members’ constitutional right to resign at any time.
The case, brought forward by human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J.A. Akerele, highlighted years of alleged persecution—delayed promotions, rotation across specialties, loss of seniority, and mental distress—following his attempt to resign.
Delivering the judgment, Justice Emmanuel D. Subilim ruled that the Harmonized Terms and Conditions of Service (HTACOS) mandating a 15-year minimum service period violated Section 306 of the Nigerian Constitution. He emphasized that resignation under the Constitution must be interpreted liberally and not restricted by procedural terminology.
Consequently, the court permanently restrained the Chief of Air Staff and the Nigerian Air Force from compelling Akerele to continue serving or arresting him for seeking resignation.
Effiong praised the ruling as a “well-researched” reaffirmation of constitutional rights, signalling a major legal victory for individual liberty within public service.
