The National Industrial Court, has affirmed the constitutional rights of a former officer of the Nigerian Navy, Lt.Commander A.G Halilu to voluntarily resign from public service.....TAP TO CONTINUE READING

In a judgment delivered by the President of the Court, Justice Benedict Kanyip, declared that Halilu has a right of voluntary resignation from the public service and faulted the action and faulted the action of the Chief of Air Navy Staff and the Nigerian Navy for not responding to his application for voluntary discharge from service.

The judge specifically described their actions and conduct as unlawful, unconstitutional, and inconsistent with the provisions of the 1999 constitution.

The judgment was in respect of suit No: NICN/ABJ/112/2024, wherein, Justice Kanyip held that Halilu’s resignation letter, dated July 28, 2023, became valid and effective from the date of its receipt by the Chief of Air Staff and the Naval Staff.

From facts, the claimant- Halilu had submitted that he was enlisted into the service of the Nigerian Navy in August 2012, and after serving for 12 years of distinguished and unblemished service, he voluntarily tendered a resignation letter.

That between November 22 and January 2025, he submitted five separate letters of resignation, most of which were ignored, suppressed, or rejected by naval authorities.

He averred that not withstanding the issuance and acknowledgement of his resignation letter, the Navy raised objections and failed to grant approval.

However, the court in it’s judgment upheld the first letter of resignation submitted by the claimant going by section 306 of the 1999 constitution, meaning that the claimant could not have retired a second or third time.

The senior officer is widely regarded as one of the most intellectually accomplished military officers in the Nigerian Armed Forces.

The senior officer is widely regarded as one of the most intellectually accomplished military officers in the Nigerian Armed Forces. He 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 (Dr.) 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.

Represented by his counsel, M. A. Danmama, Esq., the claimant 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.The Chief of the Naval Staff and the Nigerian Navy appeared before the court through their legal representatives to defend the action.

In its well-considered ruling, the National Industrial 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. Accordingly, any law or regulation inconsistent with the Constitution — including portions of the HTACOS and the Armed Forces Act — was declared null and void to the extent of its inconsistency.

The court granted the following reliefs in favour of the claimant:That Lieutenant Commander (Dr.) AG Halilu has diligently served the Nigerian Navy for about 12 years and is constitutionally entitled to voluntarily exit the service.That his resignation letter dated 28 July 2023 is valid and effective.That Nigerian Navy Signals 787NG (dated 18 March 2025) and 983NG (dated 25 April 2025) declaring him absent without official leave (AWOL) were set aside (null and void). That the Nigerian Navy shall issue the claimant his Certificate of Service, Record of Service and Retired personnel ID Card.That the Nigerian Navy shall desist from any prejudicial or retaliatory actions against the officer in the future.