Court affirms Naval Officer’s Constitutional right to disengage from service

By Jude Opara, Abuja

The National Industrial Court of Nigeria (NICN) has declared as unlawful the restrictive provisions of the Armed Forces regulations which bars operatives from voluntary resignation.

President of the Industrial Court sitting in Abuja, Hon. Justice B. B. Kanyip, in a landmark judgment via SUIT NO. NICN/ABJ/112/2024 affirmed that Lieutenant Commander (Dr.) AG Halilu, a former officer of the Nigerian Navy, has the constitutional right to voluntarily resign from public service.

In the judgment, Justice Kanyip criticized the Chief of the Naval Staff (CNS) and the Nigerian Navy for failing to act on Halilu’s resignation request, describing their conduct as unlawful, unconstitutional, and inconsistent with the provisions of the 1999 Constitution (as amended).

The court further held that Halilu’s resignation letter, dated 28 July 2023, became valid and effective upon its receipt by the Chief of the Naval Staff.

Lieutenant Commander Halilu, who enlisted in the Nigerian Navy in August 2012, tendered his resignation after completing about 12 years of distinguished and unblemished service.

Between November 2022 and January 2025, he submitted five separate letters of resignation, most of which were ignored, suppressed, or rejected by Naval authorities. Despite acknowledging his final resignation, the Navy raised objections and failed to grant approval.

However, the court upheld the first letter of resignation submitted by the claimant going by section 306 of the 1999 Constitution (as amended), meaning that the claimant could not have retired a second or third time.

The senior officer widely regarded as one of the most intellectually accomplished military officers in the Nigerian Armed Forces holds a Doctorate in Wireless Sensor Networks and Data Telecommunications and five master’s degrees in various disciplines. He is also a member of several professional and academic bodies, both in Nigeria and abroad, and has numerous scholarly publications to his credit in the field of computing and information technology.

In his letters and submissions, Lieutenant Commander Halilu cited unfair and unjust treatment, discrimination, and persistent disregard for the rule of law within the system as key reasons for his decision to voluntarily exit the Nigerian Navy.

The claimant represented by M. A. Danmama, Esq., argued that the Nigerian Navy lacked the legal authority to deny his resignation, stressing that compelling him to remain in service amounted to forced labour, contrary to the provisions of the 1999 Constitution.

In its ruling, the Court nullified the provision of the Harmonized Terms and Conditions of Service (HTACOS) for officers of the Nigerian Armed Forces, which required officers who self-sponsored training courses to serve an additional five years before being allowed to resign. The court held that this provision was oppressive, disturbing, slavish, unconstitutional, and a gross violation of fundamental human rights.

Justice Kanyip reaffirmed the supremacy of the Constitution, declaring that its provisions have binding force on all persons and authorities throughout the Federal Republic of Nigeria, including the Armed Forces.

The court also granted that the Nigerian Navy shall issue the claimant his Certificate of Service, Record of Service and Retired personnel ID Card.The Nigerian Navy was mandated to desist from any prejudicial or retaliatory actions against the officer in the future.