The Defence Headquarters has stated that the Nigerian Armed Forces will continue to operate under its existing Harmonised Terms and Conditions of Service (HTACOS), despite a recent court ruling nullifying a key provision of the document.
On Tuesday, the National Industrial Court in Abuja declared the mandatory 15-year minimum service period before resignation or retirement as unconstitutional, ruling that it violates the fundamental rights guaranteed under the 1999 Constitution.
The judgment was delivered by Justice Emmanuel Subilim in a suit filed by Flight Lieutenant J. A. Akerele, who accused the Nigerian Air Force of victimisation after he attempted to resign.
Akerele, commissioned in 2013, told the court that his career had been derailed by repeated disruptions, demotions, and lack of promotion, which left him emotionally and professionally distressed.
The court described the military’s resignation restriction as “modern-day slavery under the guise of national service,” and affirmed that no personnel can be compelled to remain in service against their will.
However, speaking in Abuja on Thursday, the Director of Defence Media Operations, Maj. Gen. Markus Kangye, insisted the military would maintain its current terms of service until they are formally reviewed.
“The Armed Forces of Nigeria has a document which governs our terms and conditions of service. Everything concerning disengagement is clearly spelt out. Unless those terms are amended officially, we will abide by the existing document,” Kangye said.
He explained that personnel enter the military through various routes, each with specific service obligations.
These include Recruitment Depots for soldiers, Nigerian Defence Academy (NDA) for regular combatant cadets and Short Service Commission and Direct Short Service Commission for graduates and professionals such as doctors, lawyers and accountants.
Kangye noted that regardless of entry point, each category is bound by its respective terms from enlistment to disengagement.
