Military Defies Court Ruling, Insists on 15-Year Minimum Exit Rule
The Defence Headquarters has announced that the Armed Forces of Nigeria will continue to enforce its controversial rule requiring personnel to serve a minimum of 15 years before they can voluntarily resign, despite a recent court ruling declaring the policy unconstitutional.
Earlier this week, the National Industrial Court in Abuja struck down the regulation contained in the Harmonised Terms and Conditions of Service (HTACOS), following a lawsuit filed by Flight Lieutenant J.A. Akerele against the Nigerian Air Force.
Delivering judgment, Justice Emmanuel Subilim described the rule as a violation of fundamental rights, likening it to “modern-day slavery under the guise of national service.” He ruled that no Nigerian citizen should be forced to remain in military service against their will.
Officer’s Ordeal: Akerele, who was commissioned in 2013, had sought to resign but alleged that the Air Force victimised him for attempting to exit. He claimed his career was deliberately stalled through repeated training cancellations, loss of seniority, and stagnation in promotion, which left him traumatised and depressed.
The ruling attracted widespread attention within the military and civil society, coinciding with recent protests by retired soldiers over unpaid benefits and complaints from serving officers about poor welfare and limited career.
Despite the judgment, the Director of Defence Media Operations, Major General Markus Kangye, told journalists in Abuja on Thursday that the military would not abandon HTACOS until the official regulations were formally amended.
“The Armed Forces of Nigeria has a document which outlines our terms and conditions of service. Until those conditions are rewritten, we will continue to enforce what is contained in that document,” Kangye said.
He explained that the 15-year service requirement varies depending on how personnel enter the military.
●Soldiers are usually recruited through depots.
●Officers are trained at the Nigerian Defence Academy as regular cadets.
●Graduates enter through the Short Service Commission.
●Professionals such as doctors, lawyers, and accountants are absorbed via the Direct Short Service scheme.
“Whichever terms applied to you at the point of entry are the ones that govern your service until disengagement,” he stressed.
The Defence Headquarters’ defiance of the court ruling sets the stage for a legal confrontation between the military and personnel seeking to resign before completing the mandatory 15 years.
Analysts warn that if the impasse is not resolved, it could worsen discontent among junior officers and strengthen calls for sweeping reforms in military service conditions. This comes at a time when morale is already strained by unpaid entitlements, welfare concerns, and Nigeria’s persistent security challenges.
