The Court of Appeal Abuja division has set aside Regulations 126 and 127 of the Police Force Regulations which empowers the Nigeria Police Force to terminate the services of an unmarried Police woman who gets pregnant while in service.
Declaring the provisions null and void, the Court struck them down on the basis of being unconstitutional
In the landmark verdict delivered on Friday, Hon. Justices J.O.K. Oyewole JCA, A.I Banjoko JCA and O.E Abang JCA, unanimously set aside the decision of the Federal Court, Abuja Judicial Division delivered by Ekwo J on 21st February 2022, in respect of Suit No. FHC/ABJ/CS/178/2021 between The Incorporated Trustees of the Nigerian Bar Association vs. The Attorney General of the federation & 2 Ors.
The Defendants in the suit at the lower Court were the Attorney General of the Federation, The Police Service Commission and the Nigerian Police Force.
At the commencement of the action, the Nigerian Bar Association (NBA) in an originating summons dated 15th February 2021 and sought the determination of the constitutionality of Regulation 127 of the Nigeria Police Regulations (which provides that an unmarried woman police officer who becomes pregnant shall be discharged from the force, and shall not be re-enlisted except with the approval of the Inspector – General) and Regulation 126 of the Nigerian Police Regulations (which provides that a married woman police officer who is pregnant may be granted maternity leave in accordance with the provisions of general orders), while taking into consideration the provisions of Articles 2,3,5,18 and 19 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) LFN, 2004.
The Appellant’s case at the trial court was premised on the fact that the Nigerian Police Force (3rd Respondent) is subject to the provisions of the Constitution of the Federal Republic of Nigeria (hereinafter referred to as “the constitution” or “CFRN”) and cannot exceed its ambit but the provisions of the Nigeria Police Regulations (hereinafter referred to as “the Regulations”) which prohibits a serving unmarried woman police officer from getting pregnant as she stands the risk of being dismissed is not only unconstitutional but also in contravention of the provisions of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act (Cap A9) LFN, 2004.
On account of the provisions of Regulation 127, one Miss Omolola Olajide, a policewoman under the Ekiti State Command of the Nigeria Police Force was dismissed from the force by the The Police Service Commission (2nd Respondent) and 3rd Respondent for being pregnant while unmarried.
The discrimination which the aforementioned provision created between serving female police officers, necessitated the commencement of an action for the determination of the constitutionality of Regulations 126 and 127 of the Nigeria Police Regulations made pursuant to the Police Act, Cap 19 Laws of the Federation of Nigeria, 2004 as same is in contravention of the fundamental rights of unmarried women police officers.
The trial court reserved delivery of its judgment to 21st February 2022. In delivering its judgment, the trial court entered judgment in favour of the Respondents and the action was dismissed as purportedly lacking in merit.
Dissatisfied with the reasoning and conclusion of the trial court, the Appellant appealed against the judgment to the Court of Appeal, the Court of Appeal agreed that the provisions of Regulations 126 and 127 were unconstitutional and set them aside to the extent of their unconstitutionality with the provisions of the Constitution of the Federal Republic of Nigeria (1999 as amended).
The case was prosecuted by the NBA Public Interest Litigation Committee set up in 2021 and case handled pro bono by Dr Charles Mekwunye, SAN; Mr Olukunle Edun, Mr Aderemi Oguntoye and Boonyamen Babajide Lawal. Lawal played key role in the prosecution of the Appeal.
