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Hon President of the National Industrial Court, Hon. Justice Benedict Kanyip has declared Dr Michael’s voluntary resignation from the Nigerian Navy via letter dated 7 December 2017 as valid and effective.
The Court ordered the Chief of Naval Staff and the Nigerian Navy to immediately issue a discharge certificate to Dr Michael pursuant to his resignation in 2017.
From facts, the claimant- Dr Michael had filed the suit on 22 January 2025 vide an originating summons, and submitted that he was enlisted into the service of the 2nd Defendant on the 10th day of July, 2006.
Dr Michael averred that he served the Nigerian Navy for about eleven (11) years, and the defendants immediately stopped payment of his salaries and allowances to the plaintiff consequent upon his voluntary resignation on 7th December 2017.
Dr Michael argued that, notwithstanding the issuance and acknowledgement of the resignation letter, the Nigerian Navy refused to issue him the requisite discharge certificate.
In defence, the defendants- Chief of Naval Staff, and the Nigerian Navy submitted that the Court lacks the jurisdiction to entertain the entire matter that the case arose from the exercise of powers and duties, in the administration or the management and control of the Federal Government or its agencies which is under the exclusive jurisdiction of the Federal High Court, and that the originating summons filed was defective.
The Chief of Naval Staff, and the Nigerian Navy argued that Dr Michael has not cited any law or instrument where he is entitled to a discharge certificate upon having voluntarily resigned from of 5 23 the service(s) of the defendants for interpretation by the Court, and urged the court to dismiss the case.
In opposition, Dr Michael’s counsel submitted that the questions he raised for determination as to the letter of resignation against section 306 of the Constitution are well placed within the jurisdiction of the Court.
Following from the foregoing, Dr Michael urged the Court to discountenance the Chief of Naval Staff and the Nigerian Navy's argument on desertion having been raised in flagrant error and misapplication of law.
In a well-considered judgment, the Presiding Judge, Justice Benedict Kanyip dismissed the Chief of Naval Staff and the Nigerian Navy's objection for lacking substance and affirmed the jurisdiction of the Court to adjudicate on the matter.
The Court ruled that Dr Michael has the right to voluntarily resign from the service of the defendants, and reiterated that resignation takes effect from the date notice is received; and there is absolute power to resign and no discretion to refuse to accept the notice.
Justice Kanyip stated that any attempt to stop an employee from disengaging by an employer would be interpreted as forced or compulsory labour.
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