A Nigerian court has struck down the military’s 15-year compulsory service rule, affirming that personnel have the constitutional right to resign at any time.
The National Industrial Court in Abuja has declared unconstitutional the Nigerian military’s policy requiring officers to serve a minimum of 15 years before resignation. Delivering judgment in Suit No: NICN/ABJ/25/2025 on Tuesday, Justice Emmanuel D. Subilim ruled that the policy amounted to “modern-day slavery under the guise of national service.” The case was filed by human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele, who narrated experiences of “systematic persecution and victimisation” after seeking voluntary disengagement. The court held that Section 306 of the 1999 Constitution grants public servants, including soldiers, the right to resign at any time. Rejecting arguments by the Nigerian Air Force, the judge declared the Harmonized Terms and Conditions of Service null and void. The court validated Akerele’s resignation, restrained the Chief of Air Staff from arresting him, and dismissed attempts to differentiate between “resignation” and “retirement.” Effiong hailed the verdict as a landmark reaffirmation of constitutional freedoms.