Ex-Army Officer Seeks Court Declaration on Alleged Forced Service 

A former military officer, Akinlade, has asked the court to determine seven key issues, including a declaration that his resignation became effective on the date it was received by the relevant authorities.

In the suit, Akinlade is seeking a declaration that a query issued to him on December 12, 2025, on the directive of the third respondent, was unlawful, null and void, and of no legal effect, having been issued after his resignation.

He is also challenging a letter of displeasure served on him, which imposed sanctions of reprimand and admonishment without the constitution of a Board of Inquiry. According to the court documents, the disciplinary letter was issued “without a Board of Inquiry or Investigation establishing any evidence of indictment against the applicant.”

In an affidavit supporting the action, Akinlade stated that after he protested the disciplinary measures and sought redress, he was redeployed from Jos to Zaria, a move he said contravened established administrative procedures of the Nigerian Army.

He explained that his decision to resign was informed by what he described as the unchecked excesses and abuse of official power by the second respondent, prompting him to submit his letter of resignation.

Despite this, the former officer alleged that he was subsequently ordered to report to Basawa in Zaria and continued to be treated as a serving officer, an action he described as unlawful.

Akinlade further accused the Army authorities of denying him medical leave after he collapsed while on duty and was hospitalised. He claimed that medical tests revealed his diastolic blood pressure dropped to 60, adding that the refusal to grant him leave constituted a tortious act.

Among the reliefs sought, he is asking the court to declare that his resignation took effect upon receipt by the respondents and that he is deemed to have exited the service of the Nigerian Army from that date.

He is also seeking an order compelling the Army to process and pay his pension and other entitlements, having served for more than 10 years, and to allow him retrieve his personal belongings from his last official residence.

In addition, Akinlade is claiming N50 million in damages for alleged unlawful restriction, psychological trauma and violation of his fundamental rights, as well as N1 million as the cost of instituting the suit.

In his written address, he argued that resignation from military service is a constitutional right, emphasising that military service is voluntary and “not a form of modern-day slavery.” He relied on Section 306 of the 1999 Constitution, which provides that a resignation takes effect once the written notice is received by the appropriate authority.

He urged the court to hold that upon receipt of his resignation letter, the respondents were estopped from compelling him to continue performing military duties or subjecting him to any disciplinary processes.

The National Industrial Court has yet to fix a date for the hearing of the matter.