The National Industrial Court in Abuja has ruled that the policy mandating Nigerian military personnel to serve a minimum of 15 years before resignation is unconstitutional.
Justice Emmanuel D. Subilim, presiding over Suit No: NICN/ABJ/25/2025, ruled that members of the Armed Forces have the constitutional right to resign at any time, rejecting the policy as oppressive and akin to “modern-day slavery.”
The case was brought forward by human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele, who challenged the Nigerian Air Force’s refusal to accept his resignation.
The court ordered that the Lieutenant’s resignation be recognized as valid immediately and permanently restrained military authorities from detaining or forcing him to continue service.
Justice Subilim emphasized that the Constitution’s Section 306 grants public servants the right to resign, and the court should interpret the law liberally rather than restrictively.
The ruling marks a significant affirmation of military personnel’s rights within Nigeria’s legal framework.
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