“Soldiers Cannot Be Forced Into Modern-Day Slavery” – Court Strikes Down Nigerian Military’s 15-Year Compulsory Service Rule

In a landmark ruling on Tuesday, September 2, 2025, the National Industrial Court declared unconstitutional the Nigerian military’s long-standing policy requiring officers to serve a minimum of 15 years before resigning. Justice Emmanuel D. Subilim delivered the judgment in Suit No: NICN/ABJ/25/2025, filed by Lagos-based human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele.

The court held that compelling military personnel to serve for 15 years constitutes “modern-day slavery under the guise of national service,” affirming that members of the Armed Forces have the constitutional right to resign at any time. The Chief of Air Staff and the Nigerian Air Force were named as the first and second defendants in the suit.

Flight Lieutenant Akerele, commissioned in 2013 as a Pilot Officer, detailed a series of professional setbacks and personal hardships he endured after seeking disengagement from service. His affidavit described delayed allowances, abrupt recalls from training abroad, repeated changes in assignments, missed promotions, and canceled courses, all of which he said caused severe emotional distress and trauma.

Despite receiving recommendations from his commanders supporting his voluntary disengagement, the Chief of Air Staff rejected his request, insisting that Akerele serve the full 15 years stipulated in the Harmonized Terms and Conditions of Service for Officers of the Nigerian Armed Forces (HTACOS), even labeling him AWOL and issuing a signal for his apprehension.

Effiong argued that Section 306 of the Nigerian Constitution guarantees public servants the right to resign, urging the court to prioritize the substance and intent of Akerele’s resignation letter over the terminology used. Justice Subilim agreed, ruling that the provisions of HTACOS mandating a minimum 15-year service were unconstitutional, null, and void. The judge also clarified that the term “resignation” should be interpreted broadly in line with Supreme Court principles, rather than narrowly.

The court granted all reliefs sought by Akerele, validating his resignation from the Nigerian Air Force from the date his letter was received. The judgment also permanently restrained the Chief of Air Staff and the Air Force from arresting, detaining, or compelling him to continue service.

Akerele’s lawyer commended the ruling as a “well-researched judgment” that reaffirmed the constitutional rights of public servants.