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By Lizzy Chirkpi
The Defence Headquarters (DHQ) has declared that the Armed Forces of Nigeria will continue to operate under the existing Harmonised Terms and Conditions of Service, despite a recent court ruling nullifying a key provision of the document.
On Tuesday, the National Industrial Court in Abuja struck out the clause requiring military personnel to serve a minimum of 15 years before they can resign or retire, describing it as unconstitutional and a violation of fundamental rights under the 1999 Constitution.
Delivering judgment, Justice Emmanuel Subilim ruled in favour of Flight Lieutenant J. A. Akerele, who accused the Nigerian Air Force of victimisation after his resignation request was rejected.
Akerele, who was commissioned in 2013, alleged that his career had been plagued by abrupt training terminations, constant changes in career path, loss of seniority, and prolonged stagnation without promotion conditions he said left him “traumatised and depressed.”
In his ruling, Justice Subilim described the 15-year mandatory service clause as “modern-day slavery under the guise of national service” and held that no personnel should be forced to remain in the military against their will.
The judgment comes amid rising discontent within the Armed Forces. Recently, retired soldiers staged protests in Abuja over unpaid gratuities and allowances, while younger officers have voiced concerns over poor welfare and stunted career progression.
Despite the court’s decision, the DHQ has stated it will uphold the current service terms pending further directives, signalling a possible legal and institutional standoff.