A retired Nigerian Army officer, Major Toye Akinlade, has instituted legal action against the Nigerian Army and two senior officers at the National Industrial Court, Abuja, over alleged unlawful redeployment, abuse of office, and coercion to continue service despite formally resigning.
The suit, marked NICN/ABJ/379/2025, seeks a declaration that Akinlade’s resignation became effective upon receipt and that subsequent military actions against him were unconstitutional and illegal.
The respondents in the matter are the Nigerian Army, Colonel Samson O. Okebukola, and Colonel D.O. Ehicheoya. Akinlade, in documents filed before the court, claimed he tendered a resignation letter dated November 11, 2025, which was duly submitted to the Chief of Army Staff and relevant authorities.
Despite this, he was allegedly redeployed and subjected to disciplinary measures without any due process.
The former officer is also contesting the legality of a query dated December 12, 2025, issued after his resignation, along with a letter of displeasure that imposed sanctions such as reprimand and admonishment.
According to the suit, these measures were taken “without a Board of Inquiry or Investigation establishing evidence of indictment against the Applicant.”
In an affidavit supporting the case, Akinlade stated,“The Applicant being dissatisfied with the excesses and abuse of official power of the 2nd Respondent without being checked by appropriate superior authority, submitted his letter of resignation.”
He further alleged that after raising concerns about the disciplinary actions, he was redeployed from Jos to Zaria in violation of established Army protocols.
Akinlade also accused the Army of refusing him leave to attend to a health emergency after collapsing while on duty. He claimed to have been hospitalised, with medical tests showing his diastolic blood pressure had dropped to 60. The refusal to grant medical leave, he asserted, amounted to a tortious violation of his rights.
The applicant is requesting multiple declaratory and consequential reliefs, including:
A declaration that his resignation took effect once received.
An order directing the Nigerian Army to process his pension and entitlements.
Permission to retrieve personal belongings from his last official residence.
₦50 million in damages for unlawful restriction, trauma, and rights violations.
₦1 million as the cost of filing the suit.
In his written submission, Akinlade emphasised the voluntary nature of military service.“Military service is voluntary and not a form of modern-day slavery,”he argued.
He cited Section 306 of the 1999 Constitution, which states that a resignation“shall take effect when the writing signifying the resignation is received by the authority to whom it is addressed.”
He urged the court to rule that the respondents are estopped from further compelling him to perform military duties or subjecting him to any disciplinary actions after his resignation.
The National Industrial Court has yet to fix a hearing date for the case.
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