The Court of Appeal in Abuja has ruled that Regulations 126 and 127 of the Nigerian Police, which permit the dismissal of unmarried policewomen who get pregnant during their service, are illegal.
The court's three-man panel also urged the Attorney General of the Federation, the Police Service Commission, and the Nigerian Police Force to thoroughly review the entire Police Regulations to ensure they are in line with the requirements of a modern society governed by the rule of law.
Justice Olubunmi Oyewole presented the leading judgment, which was unanimously adopted by the other panel members, Justice Bukola Banjoko and Justice Okon Abang.
The ruling was made in response to a lawsuit filed by the incorporated trustees of the Nigeria Bar Association against the three entities.
The legal dispute commenced on February 15, 2021, when the Nigerian Bar Association submitted an originating summons contesting discriminatory practices within the Nigerian Police Force.
Following the arguments, Justice Inyang Ekwo of the Federal High Court, Abuja, delivered his judgment on February 21, 2022, dismissing the appellant’s action for lacking in merit.
Unsatisfied, the appellant went to the court with a Notice of Appeal filed on March 15, 2022, containing six grounds.
The Court of Appeal unanimously granted the appeal in its judgment, overturning the Federal High Court’s decision in favor of the NBA.
The court stated that Regulations 126 and 127 of the Police Act “intrude on the privacy of the lives of female police officers and unfairly treat them based on their gender”.
Justice Oyewole stated, “I disagree with the learned trial Judge that the regulations in question are necessary for morality and discipline in the Police Force as these concepts do not have gender bias.
“It is inconceivable that the Nigerian Police of this day and age operates on the principle that female officers need special monitoring and regulation while their male counterparts are not subject to such restrictions. This is unacceptable in a decent and democratic society governed by the rule of law.
