The Hon. President of the National Industrial Court, Hon. Justice Benedict Kanyip, PhD, OFR, has ruled that Tsaro Godswill, a former member of the Nigerian Air Force, has the constitutional right to voluntarily resign from public service. The court criticized the Chief of Air Staff and the Nigerian Air Force for failing to respond to Godswill’s resignation application.
In its ruling, the court affirmed that Godswill’s resignation letter, dated 2 November 2020, was valid and effective from the moment it was received by the Chief of Air Staff on 16 November 2020.
Godswill, who had served in the Nigerian Air Force since 23 April 2007, had submitted his resignation letter after 13 years of service. Despite acknowledging the resignation, the Nigerian Air Force raised objections and failed to respond to the application. The Chief of Air Staff and the Nigerian Air Force did not appear in court, file any defense, or provide any representation.
Godswill’s legal counsel, M. A. Danmama and Miss Maryam Kana Ishaq, argued that the Nigerian Air Force could not legally refuse his resignation. They emphasized that denying him the right to leave the service amounted to forced labor, which violates the 1999 Constitution’s provisions against such practices.
After careful consideration of the case, Justice Kanyip ruled that the Nigerian Air Force’s failure to defend their position did not absolve Godswill of proving his case. He stated that, according to section 306 of the 1999 Constitution, Godswill was entitled to voluntary discharge as soon as his resignation letter was received.
Justice Kanyip concluded that Godswill’s resignation was effective from the moment the letter was received by the Chief of Air Staff or the authorized officer, in line with the provisions of the Armed Forces Act. The court affirmed that the Armed Forces Act is subordinate to the Constitution and upheld Godswill’s right to resign.
