The National Industrial Court has affirmed the constitutional right of a former officer of the Nigerian Navy, Lt Commander A.G. Halilu, to voluntarily resign from public service.
In a judgment delivered by the President of the Court, Justice Benedict Kanyip, Halilu was found to have a clear right to voluntary resignation. The court criticised the actions of the Chief of the Naval Staff and the Nigerian Navy for failing to respond to his application for voluntary discharge, describing their conduct as unlawful, unconstitutional, and inconsistent with the 1999 Constitution.
The judgment, in respect of suit No: NICN/ABJ/112/2024, held that Halilu’s resignation letter dated 28 July 2023 was valid and effective from the date of its receipt by both the Chief of Naval Staff and the Naval authorities.
According to the facts, the claimant, Halilu, was enlisted into the Nigerian Navy in August 2012 and, after 12 years of distinguished and unblemished service, voluntarily tendered his resignation. Between November 2022 and January 2025, he submitted five separate letters of resignation, the majority of which were either ignored, suppressed, or rejected by naval authorities. Despite acknowledging receipt of his resignation letter, the Navy raised objections and failed to grant approval.
However, the court upheld the first letter of resignation in accordance with section 306 of the 1999 Constitution, confirming that Halilu could not have retired repeatedly.
Lt Commander (Dr) Halilu is widely regarded as one of the most intellectually accomplished officers in the Nigerian Armed Forces. He holds a doctorate in Wireless Sensor Networks and Data Telecommunications and five master’s degrees in various fields. He is a member of several professional and academic bodies within Nigeria and abroad, with numerous scholarly publications to his name in computing and information technology.
In his submissions, Halilu cited unfair treatment, discrimination, and persistent disregard for the rule of law as the reasons for his decision to exit the Nigerian Navy. Represented by M. A. Danmama, Esq., the claimant argued that the Navy lacked authority to deny his resignation, stressing that forcing him to remain in service would amount to forced labour, contrary to the Constitution. The Chief of Naval Staff and the Nigerian Navy were represented in court.
In its ruling, the National Industrial Court nullified provisions of the Harmonised Terms and Conditions of Service (HTACOS) for officers, which required self-sponsored officers to serve an additional five years before resignation. The court found this provision oppressive, unconstitutional, and a gross violation of fundamental human rights.
Justice Kanyip reaffirmed the supremacy of the Constitution, stating that its provisions are binding on all authorities throughout Nigeria. Any law or regulation inconsistent with the Constitution including relevant portions of the HTACOS and the Armed Forces Act was declared null and void to the extent of inconsistency.
The court granted the following reliefs to Halilu: he is constitutionally entitled to voluntarily exit the Navy after about 12 years of service; his resignation letter dated 28 July 2023 is valid and effective; Navy Signals 787NG (18 March 2025) and 983NG (25 April 2025) declaring him absent without official leave (AWOL) are set aside as null and void; the Navy must issue his Certificate of Service, Record of Service, and Retired Personnel ID Card; and the Navy is restrained from any retaliatory actions against him.
In conclusion, the court granted all reliefs sought by Halilu and declared his resignation effective from the date the letter was received.
Reacting, claimant’s counsel M. A. Danmama, Esq., praised the court for reaffirming the right of public officers to voluntarily resign, describing the decision as “a well-researched and courageous judgment”.
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