Industrial Court Upholds Air Force Officer’s Right to Resign, Orders Deletion of AWOL and Desertion Records
The National Industrial Court of Nigeria (NICN) has upheld the constitutional right of Flight Lieutenant Ebikefi Believe Ugouwoni to voluntarily resign from the service of the Nigerian Air Force, and ordered the permanent deletion of official designations branding him absent without leave (AWOL) and deserter from the force’s records. The ruling, delivered by Hon. Justice P. I. Hamman, was handed down in the Yenagoa Judicial Division on Monday, 19 January 2026, concluding a dispute that began following the officer’s resignation letter in mid-2024.
Ebikefi, the claimant, commenced the suit through an Originating Summons filed on 7 April 2025, seeking judicial determination on whether his resignation was valid under Section 306 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and whether the subsequent actions of the Air Force, which declared him AWOL and a deserter, were lawful. He argued that his letter of resignation dated 16 July 2024 took effect upon receipt by the defendants and that subsequent disciplinary actions infringing these rights were illegal, unconstitutional, and void.
At the core of the dispute were three legal questions: whether a public officer could voluntarily exit service under the Constitution despite applicable military regulations, whether the Nigerian Air Force was prohibited by law from declaring him AWOL or a deserter after his resignation, and whether the signals issued against him ought to be nullified and set aside.
In its judgment, the court found in favour of the claimant on all substantive issues. The court held that Ebikefi’s constitutional right to voluntarily resign from public service was clearly protected under Section 306 of the Constitution, and his resignation became effective from the moment the letter was received by the Air Force on 16 July 2024. As such, any attempt to subject him to disciplinary actions, including the issuance of signals declaring him AWOL and a deserter, was unlawful.
Consequently, the court nullified and set aside the defendants’ signals dated 24 August 2024 and 11 February 2025, which had labeled him AWOL and a deserter, and ordered that these be permanently deleted from the Nigerian Air Force’s official record. The judge also declared that his resignation letter was valid and subsisting, and confirmed that from the date of receipt, he ceased to be in the service of the Air Force.
In addition, the court granted several consequential orders in favour of the claimant. It directed the defendants to restore all privileges due to Ebikefi during the period of his service, including the issuance of a Certificate of Service covering his tenure from 16 September 2017 to 16 July 2024. It also issued an injunction restraining the defendants from initiating or pursuing any further disciplinary process or taking any step against him in relation to his resignation.
However, the court declined to award the claimant N20 million in damages for emotional trauma, citing a lack of sufficient proof to justify such relief.
The ruling reflects the court’s consistent jurisprudence that constitutional provisions on voluntary resignation apply uniformly to public officers, including members of the armed forces, and that military regulations inconsistent with the Constitution cannot prevail. It underscores the supremacy of the Constitution and affirms that once a resignation letter is received, the officer is no longer subject to disciplinary measures under service laws or regulations.
Legal experts view the judgment as a significant affirmation of individual rights under the Constitution, particularly for personnel in disciplined forces whose terms of engagement are governed by both statutory instruments and constitutional guarantees. By asserting that public officers, including military personnel, retain the right to voluntarily resign, the court strengthens the interpretation of fundamental freedoms enshrined in Nigerian law.
