Ex-Major Drags Nigerian Army to Court Over Alleged Forced Continuation of Service After Resignation

A retired Nigerian Army officer, Major Toye Akinlade (rtd), has instituted a legal action against the Nigerian Army alongside two senior-ranking officers, accusing them of official misconduct, abuse of authority, unlawful redeployment, and compelling him to remain in active duty even after he formally tendered his resignation.

The matter, filed before the National Industrial Court sitting in Abuja, is referenced as Suit No: NICN/ABJ/379/2025. In the suit, Akinlade is urging the court to affirm that his resignation became effective immediately upon acknowledgment by the appropriate authorities and that every directive, posting, or disciplinary step taken against him afterward was illegal, unconstitutional, and a violation of his fundamental rights.

The named respondents in the action include the Nigerian Army, Colonel Samson O. Okebukola, and Colonel D. O. Ehicheoya.

According to court filings obtained by reporters, Akinlade disclosed that despite submitting a written resignation dated November 11, 2025, addressed to the Chief of Army Staff and copied to relevant military offices, he was allegedly redeployed without consent and subjected to disciplinary procedures that he claims lacked due process.

Among the seven reliefs presented for judicial determination, the claimant is seeking a declaration that his resignation letter legally took effect from the date it was received by the respondents and that any subsequent exercise of command authority over him was null.

He is also asking the court to invalidate a query dated December 12, 2025, which was allegedly issued following the directive of the third respondent after his resignation had already been submitted. Akinlade insists that the query holds no legal standing and should be set aside entirely.

In addition, the former officer is contesting a letter of displeasure served on him, which reportedly imposed sanctions such as reprimand and admonishment. He maintains that the punishment was enforced without the constitution of a Board of Inquiry or investigative panel, contrary to established military administrative procedures.

Court documents reveal that the disciplinary letter was allegedly issued “without any inquiry or investigative process establishing wrongdoing against the Applicant.”

Through an affidavit supporting his claims, Akinlade narrated that after raising objections and seeking redress concerning the disciplinary measures, he was redeployed from Jos to Zaria, a move he described as inconsistent with accepted Army protocols.

He stated clearly in his affidavit:
“That the Applicant, being dissatisfied with the excesses and abuse of official authority exercised by the 2nd Respondent without adequate supervision from superior command, submitted his resignation letter.”

Despite his resignation, Akinlade alleged that he was ordered to resume duty at Basawa, Zaria, and continued to be treated as an active officer, a situation he described as unlawful, coercive, and oppressive.

The claimant further accused military authorities of denying him medical leave after he reportedly collapsed during official duty and required hospitalization. He disclosed that medical evaluations showed his diastolic blood pressure dropped to 60, and argued that the refusal to permit him adequate medical rest amounted to a tortious violation of his rights.

As part of his reliefs, Akinlade is requesting the court to declare that his resignation “took effect immediately upon receipt by the Respondents, thereby terminating his service with the 1st Respondent.”

He is also asking the court to compel the Nigerian Army to process and release his pension and service entitlements, noting that he had served the institution for over a decade. Additionally, he seeks permission to retrieve personal belongings from his last official residence.

Beyond declaratory reliefs, Akinlade is demanding ₦50 million in damages for alleged unlawful restriction, psychological trauma, and infringement of his constitutional rights, alongside ₦1 million as litigation costs.

In his written submission before the court, the retired major emphasized that resignation from military service remains a constitutionally protected right, stressing that “military service is voluntary and cannot be equated to modern-day servitude.”

He relied on Section 306 of the 1999 Constitution of the Federal Republic of Nigeria, which states that a resignation becomes effective once the written notice is received by the authority to whom it is addressed.

He therefore urged the court to rule that upon receipt of his resignation letter, the respondents became legally barred from further compelling him to perform military duties or subject him to internal disciplinary mechanisms.

As of the time of filing this report, the National Industrial Court has not yet scheduled a hearing date for the matter.

Contact Information

? Email: [email protected]

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