The National Industrial Court in Abuja has declared as unconstitutional, the long-standing policy that compels military personnel to serve for a minimum of 15 years before being allowed to resign.
In a ruling on Tuesday, Justice Emmanuel Subilim held that officers of the Nigerian military cannot be forced into “modern-day slavery under the guise of national service,” insisting that members of the Armed Forces have the constitutional right to resign at any time
Justice Subilim ruled that the military’s insistence on a 15-year compulsory service period is not only oppressive but also violates the constitutional rights of personnel.
The Claimant, Flight Lieutenant Akerele, commissioned in 2013 as a Pilot Officer by then-President Goodluck Jonathan, narrated in his affidavit how he was subjected to “systematic persecution and victimisation” by the Nigerian Air Force authorities after seeking disengagement.
According to Akerele, he was selected based on merit as a final year student in the Nigerian Defence Academy in July 2013 to complete his Flight training in the United States of America. During the course of his studies, allowances were no longer released for about five months and he was abruptly recalled from the course in July 2014, which led to the loss of seniority in rank, and he was not assigned to any unit for over a year.
“I switched 5 (five) different career paths as a young officer in the Nigerian Air Force, and during this course, I was never promoted as compared to my course mates, as I spent 6 (six) years on the rank of a Flying Officer instead of the standard 4 (four) years.”
“I was posted to the National Air Defence Corps, and my specialty was changed to Air Traffic Control and subsequently to Unmanned Aerial Vehicles (UAV); I began my UAV training in August 2016, but it was terminated as the foreign contractors were not paid according to terms.”
“After several months of waiting, my specialty was again changed to the Intelligence Arm of the Air Force. I was nominated for the Intelligence Course after serving in Base Services Group (BSG) Lagos from November 2019 to November 2020, but was later canceled and I was sent back to the UAV specialty.”
According to the Claimant, “all these bitter experiences, severe emotional distress, feelings of victimization, and a lack of sense of direction had a profound impact on my mental well-being and It was for these reasons that he resigned voluntarily
Akerele added that the authorities of the Nigerian Air Force upon receiving his letter of voluntary disengagement subjected him to interviews and counselling, his Commander and the disposal officers who oversaw the interviews and counselling supported his decision and recommended that he should be allowed to disengage from service.
The Chief of Air Staff however, rejected his letter of disengagement, insisting that he must serve upto 15 years before he will be eligible to disengage from the service in line with the provisions of Harmonized Terms and Conditions of Service for the Officers of the Nigerian Armed Forces (HTACOS), and went ahead to declare him AWOL and issued a signal ordering that he should be apprehended anywhere he is found.
Counsel for Akerele, Inibehe Effiong countered the Defendants’ argument and insisted that by virtue of Section 306 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, and based on previous decisions of the court, the Claimant as a public servant has a constitutional right to resign from service and urged the court to reject the arguments of the Nigerian Air Force.
In his judgement, Justice Subilim declared as unconstitutional, null and void the provisions of the HTACOS that requires officers of the Armed Forces to serve for a minimum of 15 years before they can voluntarily retire or resign.
The judge also rejected the argument of the lawyers to the Nigerian Air Force led by a Senior Advocate of Nigeria that the Claimant’s letter had “voluntary retirement” as its caption, and not resignation, which they argued had different meanings in law
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The judge reasoned that the word “resignation” as used in Section 306 of the Constitution must be given a liberal and wider interpretation and not a restrictive interpretation in line with decisions of the Supreme Court on principles governing the interpretation of the Constitution.
Concluding, the judge granted all the reliefs sought by the Claimant and declared his resignation from the Nigerian Air Force as valid and effective from the date his letter was received.
The court also made an order perpetually restraining the Chief of Air Staff and the Nigerian Air Force from arresting or detaining the Claimant or compelling him to continue in military service.
(Editor: Anoyoyo Ogiagboviogie)
