Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. Freedom to leave the service of the State. In its earlier comments, the Committee referred to the provisions imposing restrictions on certain persons (such as army officers, police officers or navy personnel) to resign. It noted, in particular, the provision of section 11 of the Terms and Conditions of Service, Nigerian Army Officers (1984), according to which an officer holding a regular commission may be permitted to resign, but a ruling on each application will be made by the Army Council. The Committee also noted the provision of section 17(10) of the Police Act, Cap. 359, under which no police officer other than a superior officer shall be at liberty to resign or withdraw himself from his duties without the approval of the Police Council.

As the Committee repeatedly pointed out, career military servicemen and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice (see, for example, paragraphs 40 and 96–97 of the Committee’s General Survey of 2007 on the eradication of forced labour).

The Committee previously noted the Government’s indications that, in practice, both naval and police officers as well as other ranks are free to resign their appointment after giving the mandatory notice of one month. It has also noted the Government’s repeated statement in its reports that no naval or police officer nor any of the other ranks has been denied permission to resign. The Committee reiterates its hope that measures will be taken, on the occasion of the possible future revision of the legislation, to amend the above provisions in order to bring them into conformity with the Convention and the indicated practice. Pending the amendment, the Committee requests the Government to continue to provide information on the application of these provisions in practice. Noting also the Government’s statement in its report that there are no new provisions governing the resignation of naval and police personnel, the Committee also requests the Government to supply copies of regulations governing resignation of officers in the armed forces issued under section 26 of the Armed Forces Decree No. 105 of 1993 (as amended), as well as section 107 of Police Regulations, referred to by the Government in its 2003 report.