The national industrial court in Abuja has struck out a provision of the Harmonised Terms and Conditions of Service (HTACOS) that mandated officers of the armed forces to serve a minimum of 15 years before resigning.
Delivering judgment on Tuesday in a suit filed by J. A.
Akerele, a flight lieutenant, Emmanuel Subilim, presiding judge, described the
clause as “oppressive” and a gross violation of fundamental rights guaranteed
under the 1999 constitution.
Akerele, commissioned in 2013 as a pilot officer, had
approached the court to challenge what he called “systematic persecution and
victimisation” by the Nigerian Air Force (NAF) after his resignation request
was rejected.
He told the court that the then chief of air staff not only
turned down his resignation letter but also declared him absent without leave
and issued a signal for his arrest.
Akerele said the experience caused him “severe emotional
distress, feelings of victimisation, and a lack of sense of direction”, which
left him traumatised.
He added that although his commander and other senior
officers who interviewed him supported his decision to leave the service, the
air force leadership refused, citing the HTACOS provision.
Akerele argued that the rule contravened section 306 of the
constitution and judicial precedents, insisting he had the right as a public
servant to resign voluntarily.
Agreeing with him, the judge faulted the NAF authorities,
likening their action to “modern-day slavery under the guise of national
service”.
The court held that members of the armed forces have the
statutory right to resign or retire voluntarily and invalidated the 15-year
compulsory service requirement.
The judge also dismissed the air force’s argument that
Akerele’s letter referred to “voluntary retirement” instead of “resignation”,
ruling that substance outweighed form and that resignation under section 306
must be given a liberal interpretation.
The court upheld Akerele’s resignation as valid from the
date his letter was received and issued a perpetual injunction restraining the
chief of air staff and the NAF from arresting, detaining, or compelling him to
remain in service.
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