Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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 notes the provision of section 17(10) of the Police Act, Cap. 359, supplied by the Government with its report, 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 has repeatedly pointed out, referring also to the explanations in paragraphs 67 to 73 of its General Survey of 1979 on the abolition of forced labour, 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. While having noted the Government’s previous 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, and noting also the Government’s statement in its latest report that the Army Council has never rejected any application to leave the service from any officer, 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 provide information on the application of these provisions in practice, indicating the numbers and circumstances of accepted or refused applications to resign, as well as the reasons for refusal.

Please also supply copies of regulations governing the resignation of officers in the armed forces issued under section 26 of Armed Forces Decree No. 105 of 1993 (as amended), new provisions governing the resignation of navy personnel, as well as section 107 of the Police Regulations, referred to by the Government in its 2003 report.