Sahara Reporters has taken to its official X handle and announced that, the Nigerian Army has triggered a storm of controversy after flatly rejecting a landmark court ruling that struck down its 15-year minimum service requirement for voluntary retirement, insisting that the policy remains in force until formally amended.
The standoff sets the stage for a legal and institutional showdown between the military high command and aggrieved officers seeking to leave service before completing what critics describe as a “bond of modern-day slavery.”
On Tuesday, September 2, 2025, Justice Emmanuel D. Subilim of the National Industrial Court, Abuja, in Suit No: NICN/ABJ/25/2025, declared the 15-year service rule unconstitutional. The suit was filed by Lagos-based human rights lawyer, Inibehe Effiong, on behalf of Flight Lieutenant J. A. Akerele of the Nigerian Air Force.
In a strongly worded judgment, Justice Subilim ruled that military personnel cannot be forced into “servitude disguised as national duty,” stressing that every citizen — including members of the Armed Forces — enjoys the constitutional right to disengage from service at will.
Akerele’s Ordeal in Uniform
Flight Lieutenant Akerele, commissioned in 2013 by then-President Goodluck Jonathan, painted a harrowing picture of systemic persecution after he attempted to resign.
In his affidavit, he narrated how his career was derailed when the Air Force abruptly recalled him from his U.S. flight training course in 2014 after months of unpaid allowances. The fallout, he said, led to loss of seniority, stagnation in rank, and constant victimisation.
“I switched five career paths as a young officer, but I was never promoted like my colleagues. I spent six years stuck as a Flying Officer instead of the standard four,” Akerele lamented.
Army Digging In
Despite the clear ruling, the Defence Headquarters on Thursday dismissed the judgment as non-binding until the Harmonised Terms and Conditions of Service (HTACOS) is formally rewritten.
Maj. Gen. Markus Kangye, Director of Defence Media Operations, told journalists in Abuja:
> “The Armed Forces of Nigeria has a document that defines our service conditions. Until that document is amended, we will continue to enforce what it contains, including the 15-year clause.”
Kangye explained that the rule applies differently depending on how personnel enter the Armed Forces — whether through depots as soldiers, the Nigerian Defence Academy as cadets, or via short-service and direct short-service commissions for graduates and professionals.
“Whichever applies at the point of entry is what governs your service until disengagement,” he insisted.
The Defence Headquarters’ defiance comes amid mounting unrest within the military. Protests by retired soldiers over unpaid entitlements have rocked Abuja, while serving officers increasingly voice frustration over poor welfare, stalled promotions, and rigid service rules.
Analysts warn that ignoring the court’s ruling could embolden disillusioned personnel to mount fresh legal battles, potentially opening a floodgate of lawsuits against the military establishment.
For now, the Nigerian Army’s stance has thrown the fate of countless officers and soldiers into uncertainty — leaving the question hanging: will the courts or the command prevail in this brewing clash between law and loyalty?
PIONEER NEWS 