A former Nigerian Army officer, Maj. Toye Akinlade (retd.), has instituted a suit against the Nigerian Army and two senior officers before the National Industrial Court in Abuja, alleging unlawful redeployment, abuse of office, and continued coercion to serve after his formal resignation from the military.
The suit, marked NICN/ABJ/379/2025, seeks, among other reliefs, a declaration that his resignation took effect upon receipt and that any subsequent deployment, discipline, or command exercised over him was unlawful, unconstitutional, and tortious.
The respondents are the Nigerian Army, Col. Samson O. Okebukola, and Col. D. O. Ehicheoya.
According to court documents, Maj. Akinlade said he submitted a letter of resignation dated November 11, 2025, to the Chief of Army Staff and other relevant authorities. He alleged, however, that despite this, he was redeployed against his will and subjected to disciplinary measures after his resignation.
He is asking the court to declare that his resignation became effective from the date it was received by the respondents and that a query issued to him on December 12, 2025, at the directive of the third respondent, is null, void, and of no legal effect.
The former officer is also challenging a letter of displeasure issued against him, which imposed military sanctions of reprimand and admonishment without the constitution of a board of inquiry. He contended that the letter was issued without any investigation establishing evidence of wrongdoing.
In an affidavit supporting the suit, Maj. Akinlade averred that after protesting the disciplinary action and seeking redress, he was redeployed from Jos to Zaria, an action he said contravened established army administrative procedures.
He further alleged that, notwithstanding his resignation, he was ordered to report to Basawa, Zaria, and continued to be treated as a serving officer, which he described as unlawful and an abuse of authority.
Maj. Akinlade also accused army authorities of denying him medical leave after he reportedly collapsed while on duty and was hospitalised. He claimed medical tests showed his diastolic blood pressure had dropped to 60, adding that the refusal to grant him leave amounted to a tortious act.
The claimant is asking the court to compel the Nigerian Army to process his pension and other entitlements, having served for over 10 years, and to allow him retrieve his personal belongings from his last official accommodation.
He is also seeking N50m in damages for alleged unlawful restriction, trauma, and violation of his rights, as well as N1m as the cost of filing the suit.
In his written address, Maj. Akinlade argued that resignation from military service is a constitutional right, stressing that military service is voluntary and not a form of “modern-day slavery”. He cited Section 306 of the 1999 Constitution, which he said provides that a resignation takes effect once it is received by the appropriate authority.
He urged the court to hold that upon receipt of his resignation letter, the respondents were barred from compelling him to perform further military duties or subjecting him to disciplinary processes.
The National Industrial Court is yet to fix a date for the hearing of the suit.
