The National Indstrial Court in Abuja has ruled against a provision of the Harmonised Terms and Conditions of Service (HTACOS), which stipulates that officrrs of the armed forces in the country must serve a minimum 15 years before resigning.
Emmanuel Subilim, the presiding judge, who delivered judgement in the suit file by J. A. Akerele, a flight lieutenant, described the clause as “oppressive” and a gross violation of fundamental rights guaranteed under the 1999 constitution.
Akerele, commissioned in 2013 as a pilot officer, had approached the court to challenge what he called “systematic persecution and victimisation” by the Nigerian Air Force (NAF) after his resignation request was rejected.
He told the court that the then chief of air staff not only turned down his resignation letter but also declared him absent without leave and issued a signal for his arrest.
Akerele said the experience caused him “severe emotional distress, feelings of victimisation, and a lack of sense of direction”, which left him traumatised.
He added that although his commander and other senior officers who interviewed him supported his decision to leave the service, the air force leadership refused, citing the HTACOS provision.
Akerele argued that the rule contravened section 306 of the constitution and judicial precedents, insisting he had the right as a public servant to resign voluntarily.
Agreeing with him, the judge faulted the NAF authorities, likening their action to “modern-day slavery under the guise of national service”.
The court held that members of the armed forces have the statutory right to resign or retire voluntarily and invalidated the 15-year compulsory service requirement.
The judge also dismissed the air force’s argument that Akerele’s letter referred to “voluntary retirement” instead of “resignation”, ruling that substance outweighed form and that resignation under section 306 must be given a liberal interpretation.
The court upheld Akerele’s resignation as valid from the date his letter was received and issued a perpetual injunction restraining the chief of air staff and the NAF from arresting, detaining, or compelling him to remain in service.
