A retired Nigerian Army officer, Maj. Toye Akinlade, has approached the National Industrial Court (NIC), Abuja, accusing the Army and two senior officers of abuse of office and unlawfully compelling him to remain in service after his resignation.
In the suit, marked NICN/ABJ/379/2025, Akinlade is asking the court to declare that his resignation took effect upon receipt by the appropriate authorities and that any redeployment, disciplinary action or command exercised over him thereafter was illegal, unconstitutional and of no effect.
Listed as respondents are the Nigerian Army, Col. Samson O. Okebukola and Col. D.O. Ehicheoya.
In court documents, Akinlade said he submitted a letter of resignation dated November 11, 2025, to the Chief of Army Staff and other relevant offices, but was allegedly redeployed against his will and subjected to disciplinary measures without due process after the letter had been received.
He is seeking several declaratory reliefs, including a pronouncement that a query dated December 12, 2025, allegedly issued on the directive of the third respondent after his resignation, is invalid, null and void.
He is also challenging a letter of displeasure that imposed sanctions of reprimand and admonishment without the convening of a board of inquiry.
According to the suit, the disciplinary actions were taken “without a Board of Inquiry or Investigation establishing evidence of indictment” against him.
In an affidavit in support of the action, the former officer alleged that after he protested the disciplinary measures and sought redress, he was redeployed from Jos to Zaria in breach of established Army administrative procedures.
He said the development prompted him to formally resign from service.
Akinlade further claimed that despite his resignation, he was ordered to report to Basawa, Zaria, and continued to be treated as a serving officer, a situation he described as unlawful and coercive.
He also accused the Army authorities of denying him leave on health grounds after he reportedly collapsed on duty and was hospitalised, alleging that medical tests showed his diastolic blood pressure dropped to 60. He argued that the refusal to grant him leave amounted to a tortious act.
Among other reliefs, Akinlade is asking the court to direct the Nigerian Army to process his pension and entitlements, having served for over 10 years, and to allow him retrieve his personal belongings from his last official accommodation.
He is also claiming N50 million as damages for alleged unlawful restriction, trauma and violation of his rights, as well as N1 million as cost of the suit.
In his written address, the claimant contended that resignation from military service is a constitutional right, stressing that military service is voluntary.
He cited Section 306 of the 1999 Constitution, which provides that a resignation takes effect once it is received by the appropriate authority.
The National Industrial Court has yet to fix a date for hearing.
