Military dismisses court ruling that nullifies 15-year minimum service for resignation

The Nigerian military has rejected a recent judgment by the National Industrial Court that invalidated the long-standing regulation requiring personnel to serve at least 15 years before they can resign. The armed forces insist the existing law remains in force until formally amended.

Justice Emmanuel Subilim, presiding at the court’s Abuja division, declared the 15-year service rule “unconstitutional and oppressive,” asserting that military members possess the constitutional freedom to resign whenever they choose. The case was brought forward by Flight Lieutenant J. A. Akerele, who challenged the military’s strict service mandate, described it as akin to “modern-day slavery under the guise of national service.”

Despite the court’s decision, the Defence headquarters, through Major-General Markus Kangye, emphasized that the military will continue to uphold the service conditions spelled out in the Armed Forces Act and the Harmonised Terms and Conditions of Service until these are officially revised. Kangye outlined various entry pathways into the forces, whether as cadets at the Nigerian Defence Academy, through short service commissions for graduates, or direct short service for professionals like doctors and lawyers, carry distinct commitments that govern personnel’s tenure.

The senior defense spokesperson noted that whichever contract applies at enlistment binds the servicemen and women until their disengagement, and unless the terms are rewritten, the 15-year minimum remains the governing rule.

Maj.-Gen. Kangye stated that the Armed Forces of Nigeria has a document which outlines the terms and conditions of service. Everything regarding disengagement is clearly defined therein. He added that until these provisions are officially updated, they must abide by this framework.”

Flight Lieutenant Akerele’s lawyer praised the ruling, saying, that this judgment profoundly reaffirms the constitutional right of officers to resign at any time, terminating an oppressive mandatory service period.

The verdict has reignited debate over military personnel rights and service conditions in Nigeria. With the Armed Forces maintaining adherence to the existing service regulation awaiting legislative review, unresolved tensions between servicemen and the defense establishment may persist.