Appeal court voids law prohibiting unmarried police officers from getting pregnant

The court of appeal in Lagos has voided the regulations 126 and 127 of the Nigeria Police Act which allow the dismissal of unmarried policewomen who become pregnant while in service.

A three-member panel of justices led by Olubunmi Oyewole ordered the respondents in the suit – attorney-general of the federation (AGF), Police Service Commission (PSC) and the Nigerian Police Force (NPF) – to carry out a comprehensive review of the entire police regulations to ensure that they align with the demands of a modern society operating under the rule of law.

“It is unthinkable that the Nigerian Police of this day and age operates on the principle that female officers need to be specially moderated and regulated while their male counterparts are free,” Oyewole held.

“This is unacceptable in a decent and democratic society governed by the rule of law.

“The argument that the deprivation involved was consented to by prospective female police officers who cannot subsequently complain in the face of the constitutional provisions expressly granting them the rights involved as citizens of this country.

“The rights given go beyond those for the personal benefit of the individuals involved as could be waived by them. They are public rights which accord with the demands of a fair, equitable and humane society. 

“These are standards and values demanded of modern nations and which are outside the purview of any individual to waive.

“I, therefore, hold that the said regulations 126 and 127 are inconsistent with the provisions of section 37 and 42 of the Constitution and are therefore null and void to the extent of their inconsistency pursuant to section 1 (3) of the Constitution.

“The Respondents are advised to carry out a comprehensive review of the entire police regulations to ensure that they accord with the demands of a modern society operating under the rule of law.

“I accordingly resolve the two issues in favour of the Appellant and against the Respondents.

“This appeal is meritorious, and it is hereby allowed. Consequently, the decision of the lower court in Suit No. FHC/ABJ/CS/178/2021 delivered on the 21st of February 2022 is hereby set aside.

“Instead, the questions for determination in the said suit are answered in the affirmative while the reliefs sought therein are granted as prayed. Parties shall bear their respective costs.”

BACKGROUND

TheCable reported that Omolola Olajide, an unmarried police corporal attached to Iye-Ekiti station, was sacked in 2021 for being pregnant.

Babatunde Mobayo, the state commissioner of police, justified Olajide’s sack, insisting that the officer contravened section 127 of the police regulations.

Following the sack, Olawale Fapohunda, Ekiti attorney-general and commissioner for justice, instituted a lawsuit before a federal high court in the state, seeking an order to nullify section 127 of the Police Act. 

However, the suit was dismissed because it was an abuse of the court process since a similar case filed by Olajide was pending before the national industrial court.

The Nigerian Bar Association (NBA) approached the Abuja federal high court to challenge the legality of regulation 127 of the police regulations.

The association contended that the said provision contradicts the 1999 constitution and is discriminatory to unmarried female police officers.

However, Inyang Ekwo, the trial judge, dismissed the suit on February 21, 2022.

He said the suit lacked merit, holding that such unmarried female police officers were aware of the regulation before they joined the force.