A retired Nigerian Army Major, Toye Akinlade, has filed a lawsuit against the Nigerian Army and two senior officers, alleging unlawful redeployment and violation of his rights. The case, brought before the National Industrial Court in Abuja, centers on claims that Akinlade was coerced to continue service despite formally submitting his resignation. The suit seeks to establish that his resignation was effective upon receipt and that subsequent military actions against him were unconstitutional and illegal.
Akinlade’s legal action names the Nigerian Army, Colonel Samson O. Okebukola, and Colonel D.O. Ehicheoya as respondents. Court documents reveal that Akinlade tendered his resignation letter on November 11, 2025, which he asserts was properly submitted to the Chief of Army Staff and other relevant authorities. Despite this, he claims to have been redeployed and subjected to disciplinary proceedings without due process.
The former officer is challenging the validity of a query issued on December 12, 2025, after his resignation, as well as a letter of displeasure that imposed sanctions like reprimand and admonishment. According to the lawsuit, these actions were taken without the establishment of a Board of Inquiry or investigation to substantiate any alleged misconduct.
In a sworn affidavit, Akinlade stated that he submitted his resignation due to dissatisfaction with the “excesses and abuse of official power” by the second respondent, without adequate oversight from superior authority. He further alleged that after raising concerns about these disciplinary measures, he was redeployed from Jos to Zaria, a move he contends violates established Army protocols.
Featured snippet paragraph: The core of the lawsuit revolves around retired Major Toye Akinlade’s claim that the Nigerian Army unlawfully redeployed him and subjected him to disciplinary actions after he had already submitted his resignation. He argues that his resignation became effective upon its receipt by the authorities, rendering subsequent military actions illegal and a violation of his constitutional rights.
Akinlade also accused the Army of denying him leave to attend to a medical emergency, even after collapsing on duty and being hospitalised with critically low blood pressure. He asserts that this refusal to grant medical leave constitutes a tortious violation of his fundamental rights.
The applicant is seeking several declarations and consequential reliefs from the court. These include a declaration that his resignation was effective upon receipt, an order for the Nigerian Army to process his pension and entitlements, and permission to retrieve his personal belongings from his last official residence.
Furthermore, Akinlade is claiming ₦50 million in damages for unlawful restriction, the trauma he endured, and the violation of his rights. He is also seeking ₦1 million to cover the costs associated with filing the lawsuit.
In his written submission, Akinlade strongly emphasized the voluntary nature of military service, arguing that it should not be considered “a form of modern-day slavery.” He cited Section 306 of the 1999 Constitution, which stipulates that a resignation takes effect upon its receipt by the designated authority.
He urged the court to rule that the respondents are legally estopped from compelling him to perform further military duties or subjecting him to any disciplinary actions subsequent to his resignation.
The National Industrial Court has not yet scheduled a hearing date for this significant case concerning military service and constitutional rights.
Retired army major sues Nigerian army for rights violation.
Lawsuit filed over alleged unlawful redeployment in Nigerian Army.
Major claims coercion to continue service after resignation.
Nigerian Army faces legal challenge for alleged abuse of office.
Unlawful redeployment and rights violation lawsuit against Nigerian Army.
