Regulations 126 and 127 of the Nigerian Police, which allow the dismissal of unmarried policewomen who fall pregnant while on duty, have been declared unlawful by the Court of Appeal in Abuja.
As a result, the court has ordered the Attorney General of the Federation, the Police Service Commission, and the Nigerian Police Force to thoroughly examine the complete set of Police Regulations to make sure that they adhere to the standards of a contemporary, law-abiding society.
In the judgement, the Chairman of the Appeal, Justice Olubunmi Oyewole was supported unanimously by Justices Bukola Banjoko, Okon Abang, and the other members of the panel.
The three defendants earlier mentioned were the targets of a lawsuit brought by the Nigeria Bar Association’s incorporated trustees, in response to which this ruling was made.
The Nigerian Bar Association (NBA) filed an originating summons contesting the discriminatory practices against policewomen inside the Nigerian Police Force, on February 15, 2021.
Recall that the appellants filed a complaint with the court to request a ruling on multiple issues.
A key issue was whether Sections 37 and 42 of the Federal Republic of Nigeria, 1999 (as amended) were violated by Regulation 127 of the Nigeria Police Regulations, which states that unmarried female policewomen who become pregnant should be discharged from the force and can only be re-enlisted with the approval of the Inspector General of Police.
As a result, court then declare that the regulations concerning the policewomen were null and void and that it shall be of no effect on the unmarried woman police.
Among the crucial questions was whether, on February 21, 2022, Justice Inyang Ekwo of the Federal High Court in Abuja rendered his decision, dismissing the appellant’s action for lack of merit after taking into account the points made.
The appellant, dissatisfied with the ruling, sought the Court of Appeal on March 15, 2022, submitting a Notice of Appeal with six grounds.
The Federal High Court’s decision against the NBA was overturned by the Court of Appeal, which unanimously accepted the appeal.
In its ruling, the court determined that Regulations 126 and 127 of the Police Act “discriminate against female police officers based on their gender and interfere with their privacy.”
Speaking without regard to gender, Justice Oyewole declared, “I do not agree with the learned trial Judge that the regulations in question are necessary for morality and discipline in the Police Force.
“It is inconceivable that the Nigerian Police of today still functions under the outdated theory that requires female officers to be subject to extra supervision and regulation while their male colleagues are unrestricted.
“In a civilized, democratic society run by the rule of law, this is intolerable. The claim that aspiring female police officers who are unable to later file a complaint agreed to the deprivation is in direct opposition to the constitutional clauses that specifically grant them the rights at issue as citizens of this nation.
“The rights granted are not limited to those for the mutual advantage of the parties involved, as they may choose to renounce such rights. These are civil rights that are in line with what a just, equal, and compassionate society requires. These are norms and principles that contemporary nations are expected to uphold, and which no person may disregard.
“Therefore, by section 1(3) of the Constitution, I hold that the aforementioned regulations 126 and 127 are null and void to the extent of their inconsistency with the provisions of sections 37 and 42 of the Constitution.
“It is recommended that the Respondents do a thorough examination of all Police Regulations to make sure they align with the requirements of contemporary society.
“As a result, I rule in favour of the appellant and against the respondents on the two grounds. This appeal is granted because it is well-founded. Thus, the judgment rendered on February 21, 2022, by the lower court in Suit No. FHC/ABJ/CS/178/2021 is hereby set aside. Rather, the relief called for and the questions for resolution in the aforementioned suit are answered in the positive. Each party is responsible for their expenses.“
