Court dismisses policy to sack pregnant unmarried policewomen

The Court of Appeal has declared 2 policies of the Nigerian Police Force that proposes the sacking of unmarried policewomen who became pregnant.

Regulations 126 and 127 of the Nigerian Police antecedently allowed for the dismissal of specified officers.

The judgement follows a ineligible conflict started by the Nigerian Bar Association (NBA) successful February 2021.

NBA, the appellants, sued the 3 respondents, the Attorney General of the Federation, the Police Service Commission and the Nigerian Police Force, and the tribunal ruled successful their favour.

The three-judge sheet besides questioned the respondents, the Attorney General of the Federation, the Police Service Commission and the Nigerian Police Force, to transportation retired a broad reappraisal of the full Police Regulations to guarantee that they accord with the demands of a modern nine operating nether the regularisation of law.

Justice Olubunmi Oyewole work the pb judgement, which was unanimously adopted by the different members of the panel, Justice Bukola Banjoko and Justice Okon Abang.

The appellants asked the tribunal to determine, among different things, whether the provisions of Regulation 127 of the Nigeria Police Regulations made nether the Police Act, Cap 19 Laws of the Federal Republic of Nigeria, 2004, to the grade that it provides that “an unmarried pistillate constabulary serviceman who becomes large shall beryllium discharged from the force, and shall not beryllium re-enlisted but with the support of the Inspector General of Police” bash not violently contravene the provisions of Sections 37 & 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and truthful unconstitutional, null and void.

The NBA besides asked the tribunal to marque “an bid striking down Regulations 126 and 127 of the Nigeria Police Regulations made pursuant to the Police Act, Cap 19 Laws of the Federation of Nigeria, 2004, arsenic the aforesaid is successful convulsive struggle with the provisions of Sections 37 & 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

After proceeding the arguments, Justice Inyang Ekwo of the Federal High Court successful Abuja issued his determination connected February 21, 2022, dismissing the appellant’s enactment for deficiency of merit.

NBA, however, was dissatisfied and filed a Notice of Appeal with the Court connected March 15, 2022, citing six grounds.

In its decision, the Court of Appeal unanimously granted the appeal, overturning the Federal High Court’s determination successful favour of the NBA.

The tribunal ruled that Regulations 126 and 127 of the Police Act “interfere with the privateness of the lives of pistillate constabulary officers and discriminate against them connected the ground of their gender.”.

“It is unthinkable that the Nigerian Police of this time and property operates connected the rule that pistillate officers request to beryllium specially moderated and regulated portion their antheral counterparts are free. This is unacceptable successful a decent and antiauthoritarian nine governed by the regularisation of law,” Justice Oyewole said.

“I truthful clasp that the said regulations 126 and 127 are inconsistent with the provisions of sections 37 and 42 of the Constitution and are truthful null and void to the grade of their inconsistency pursuant to conception 1 (3) of the Constitution.

“The Respondents are advised to transportation retired a broad reappraisal of the full Police Regulations to guarantee that they accord with the demands of a modern nine operating nether the regularisation of law.”