In a landmark decision, the National Industrial Court in Abuja struck down a provision in the Harmonised Terms and Conditions of Service (HTACOS) for Nigerian Armed Forces officers that required a 15-year minimum service period before resignation.
Persecondnews reports that the court, presided over by Justice Emmanuel Subilim, ruled in favour of Flight Lieutenant J.A. Akerele, describing the rule as oppressive and a gross violation of fundamental rights guaranteed by the 1999 Constitution.
Akerele, who was commissioned as a Pilot Officer in 2013, had filed the suit after the Nigerian Air Force refused to accept his resignation.
This ruling effectively frees officers from the rigid 15-year commitment and upholds their constitutional rights to freedom of movement and association.
In his suit marked NICN/ABJ/25/2025, Akerele alleged “systematic persecution and victimisation” after he applied to disengage from service.
He said the then Chief of Air Staff not only rejected his resignation but also declared him absent without leave and issued a signal for his arrest.
Through his lawyer, Mr. Inibehe Effiong, Akerele detailed his ordeal in an affidavit, citing abrupt termination of his flight training in the United States, career stagnation, repeated changes in career paths, and cancelled training opportunities.
These, he said, caused him “severe emotional distress, victimisation, and loss of direction,” which damaged his mental health.
He added that although his commanders and officers who interviewed him endorsed his resignation, the Chief of Air Staff blocked the move, citing the HTACOS 15-year service requirement.
Akerele argued that the rule contravened Section 306 of the Constitution and existing judicial precedents, insisting that, like all public servants, he had the constitutional right to resign voluntarily.
In siding with him, Justice Subilim held that the military’s action amounted to “modern-day slavery under the guise of national service.”
The court declared that members of the Armed Forces have a statutory right to resign or retire voluntarily and struck down the HTACOS provision.
It further ruled that Akerele’s resignation was valid and effective from the date his letter was received, dismissing the NAF’s argument that he applied for “voluntary retirement” instead of “resignation.”
According to the court, substance must prevail over form, and the constitutional right to resign should be interpreted broadly.
Justice Subilim also issued a perpetual injunction restraining the Chief of Air Staff and the Nigerian Air Force from arresting, detaining, or compelling Akerele to continue serving.
Persecondnews reports that the HTACOS for Nigerian Armed Forces officers was approved by President Bola Tinubu on Monday, December 16, 2024.
This approval was given during a National Defence Council meeting, where President Tinubu underscored his administration’s commitment to supporting the armed forces and improving their welfare.
The revised HTACOS aims to boost morale, enhance operational readiness, and provide a unified framework for officers and enlisted personnel.
Author
Leave a comment