The Defence Headquarters has said the Armed Forces of Nigeria will continue to operate under the existing Harmonised Terms and Conditions of Service.
This is despite a recent National Industrial Court ruling that struck down a key provision of the document.
On Tuesday, the National Industrial Court in Abuja declared the provision requiring a minimum of 15 years’ service before personnel could resign or retire as unconstitutional and a violation of fundamental rights under the 1999 Constitution.
Justice Emmanuel Subilim delivered the judgment in a suit filed by Flight Lieutenant J. A. Akerele, who accused the Nigerian Air Force of victimisation after he applied to resign.
Akerele, commissioned in 2013, said his career was marred by abrupt training terminations, repeated changes of path, loss of seniority, and years without promotion, which left him traumatised and depressed.
In siding with him, the court described the rule as “modern-day slavery under the guise of national service” and held that personnel cannot be compelled to remain in service against their will.
The ruling comes amid growing unrest among current and former members of the Armed Forces.
Earlier, retired soldiers staged demonstrations in Abuja over unpaid gratuities and allowances, while younger officers have increasingly raised concerns about welfare and stagnated career growth.
Speaking on Thursday in Abuja, the Director of Defence Media Operations, Maj. Gen. Markus Kangye, explained that the conditions governing the entry, service, and disengagement of personnel are clearly defined in the military’s official terms of service.
“The Armed Forces of Nigeria has a document which refers to our conditions and terms of service. In that document, everything regarding the disengagement of personnel is spelt out. Unless the terms and conditions of service are rewritten, we will still go by what is contained in that document,” Kangye said.
He further clarified that different categories of officers and soldiers enter the military under varying terms, from recruits and regular combatant cadets trained at the Nigerian Defence Academy, to short-service and direct short-service commissions open to graduates and professionals such as doctors, lawyers, and accountants.
Each category, he stressed, comes with its own service obligations.
Kangye said, “For soldiers, entry is through recruitment depots. For officers, they are admitted as regular combatant cadets into the Nigerian Defence Academy. There are also other commissioning routes, such as the Presidential Commission under the Short Service scheme, which is open to graduates.
“In addition, there is the Direct Short Service Commission, which is open to professionals like doctors, accountants, and lawyers. Those on the Short Service path serve as combatant officers but enter with graduate qualifications.
“Meanwhile, those who have only completed secondary school enter the Nigerian Defence Academy as cadets. Each of these categories of officers and soldiers serves under specific terms and conditions. Whichever applies to you at the point of entry is what governs your service until disengagement.”
Credit: PUNCH
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