The National Industrial Court sitting in Abuja has upheld a ruling invalidating a provision of the Harmonised Terms and Conditions of Service for Officers of the Nigerian Armed Forces, which mandates military officers to serve a minimum of 15 years before they can be granted permission to resign.

In a ruling delivered in a suit filed by Flight Lieutenant J. A. Akerele, Justice Emmanuel Subilim described the HTACOS provision as oppressive and at variance with the fundamental rights protected by the 1999 Constitution (as amended).

The judge said members of the armed forces have the constitutional right to resign anytime, tagging the provision as “a modern-day slavery under the guise of national service.”

Mr Akerele had, in a suit marked NICN/ABJ/25/2025 and filed before the court, challenged the provision, which he described as “systematic persecution and victimisation by the Nigerian Air Force following his application for service disengagement.”

He told the court that the then Chief of Air Staff rejected his resignation letter and declared him absent without leave, culminating in a signal issued for his arrest.

Mr Akerele, through his lawyer Inibehe Effiong, argued that these experiences caused him emotional distress and a lack of sense of direction, adding that the provision violated Section 306 of the 1999 Constitution and contravened existing judicial precedents.

In his judgment, Justice Subilim agreed with Mr Akelere’s argument, upholding his resignation as valid and effective from the date his letter was received.

The judge also restrained the Chief of Air Staff and the NAF from arresting, detaining, or forcing him to continue in military service.