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Abuja court rules long-standing military policy unconstitutional
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Justice Subilim says forcing personnel to serve is “modern-day slavery”
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Flight Lieutenant Akerele’s legal battle sets new precedent for Armed Forces
The National Industrial Court in Abuja has delivered a landmark judgment striking down the Nigerian military’s compulsory 15-year service rule, declaring it unconstitutional and oppressive. The court affirmed that military personnel retain the constitutional right to resign their commission at any time.
Justice Emmanuel D. Subilim delivered the ruling on Tuesday, September 2, 2025, in Suit No: NICN/ABJ/25/2025, filed by Lagos-based human rights lawyer Inibehe Effiong on behalf of his client, Flight Lieutenant J. A. Akerele. The Chief of Air Staff and the Nigerian Air Force were named as defendants.
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In its decision, the court held that the long-enforced Harmonized Terms and Conditions of Service (HTACOS), which demanded a 15-year minimum before voluntary exit, amounted to “modern-day slavery under the guise of national service.” Justice Subilim further declared all provisions requiring officers to remain in service for such a period null and void.
Flight Lieutenant Akerele, who was commissioned in 2013, had told the court that his years in the Air Force were marked by repeated career changes, stalled promotions, and cancelled training programmes, leaving him emotionally distressed and traumatised. He narrated how his voluntary resignation was rejected by the authorities, who instead declared him absent without leave and ordered his arrest.
His counsel argued that Section 306 of the 1999 Constitution guarantees every public servant, including military personnel, the right to resign. Justice Subilim agreed, stating that resignation must be interpreted liberally in line with constitutional intent and not narrowed by semantics.
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In his final orders, the judge validated Akerele’s resignation as effective from the date his letter was received and permanently restrained the Nigerian Air Force from arresting or compelling him back into service.
Counsel to the claimant, Inibehe Effiong, hailed the verdict as a well-researched ruling that reaffirmed constitutional freedoms and strengthened jurisprudence on the rights of Nigerian military officers.
