The Nigerian Army has said it will continue to enforce the 15-year minimum service requirement for voluntary retirement, despite a recent court judgment declaring the policy unconstitutional.

The ruling, delivered on Tuesday, September 2, 2025, by Justice Emmanuel D. Subilim of the National Industrial Court, held that members of the Armed Forces cannot be compelled into “modern-day slavery under the guise of national service.” The case, Suit No: NICN/ABJ/25/2025, was filed by human rights lawyer Inibehe Effiong on behalf of Flight Lieutenant J. A. Akerele.

Justice Subilim ruled that the Armed Forces’ insistence on a compulsory 15-year service period violated the constitutional rights of personnel, stressing that no citizen can be forced to remain in service against their will.

Background to the Case

Flight Lieutenant Akerele, who was commissioned in 2013 as a Pilot Officer by then-President Goodluck Jonathan, told the court he faced systematic persecution and victimisation after seeking disengagement from the Nigerian Air Force.

In his affidavit, he recounted being denied allowances for five months during a U.S. training program, recalled abruptly in 2014, and left without unit assignment for more than a year. He also said he was denied promotions, spending six years as a Flying Officer instead of the standard four.

Military Response

Despite the ruling, the Defence Headquarters insists the Harmonised Terms and Conditions of Service (HTACOS) remain binding until formally amended.

Speaking in Abuja on Thursday, Maj. Gen. Markus Kangye, Director of Defence Media Operations, said:

“The Armed Forces of Nigeria has a document which refers to our conditions and terms of service. Unless the terms and conditions of service are rewritten, we will still go by what is contained in that document.”

He explained that the 15-year clause applied differently depending on how an officer or soldier entered the military—through recruitment depots, the Nigerian Defence Academy, or under short-service and direct short-service commissions.

Wider Implications

The judgment comes amid growing unrest in the military, with retired soldiers protesting unpaid entitlements and serving personnel expressing frustration over poor welfare and stalled career progression.

The Defence Headquarters’ stance sets the stage for a potential legal showdown between the armed forces and personnel seeking to rely on the court ruling to resign before completing the mandatory 15 years.