The National Industrial Court in Abuja has ruled that military personnel cannot be forced to serve a minimum of 15 years before resigning. Justice Emmanuel D. Subilim delivered the judgment on Tuesday, September 2, 2025, in a case filed by human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele.

The judge declared that the policy amounts to “modern-day slavery under the guise of national service” and violates the constitutional rights of military officers. The Nigerian Air Force and the Chief of Air Staff, listed as defendants, had argued that Akerele must serve 15 years under the Harmonized Terms and Conditions of Service (HTACOS).

Akerele told the court he faced years of victimization, stalled promotions, and repeated changes to his career path, which left him depressed and traumatized. He resigned voluntarily, but the Air Force rejected his letter and even declared him absent without leave (AWOL).

Justice Subilim ruled that Section 306 of the Constitution gives public servants the right to resign at any time. He held that the form or wording of Akerele’s resignation letter was irrelevant, stressing that the officer’s intent was clear.

The court declared Akerele’s resignation valid from the date his letter was received and barred the Air Force from harassing or arresting him. Effiong hailed the judgment as a landmark decision that restores the constitutional rights of Nigerian military personnel.