The Court of Appeal sitting in Abuja has declared illegal Regulations 126 and 127 of the Nigerian Police which allows for the dismissal of an unmarried policewomen who become pregnant during their service.
The three-man panel of the court also asked the respondents, the Attorney General of the Federation, the Police Service Commission, and the Nigerian Police Force, 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.
Justice Olubunmi Oyewole read the lead judgment which was unanimously adopted by the other members of the panel, Justice Bukola Banjoko and Justice Okon Abang.
The court gave the judgment in the suit filed by the appellants, the incorporated trustees of the Nigeria Bar Association, against the three respondents.
The legal battle began on February 15, 2021, when the Nigerian Bar Association filed an originating summons challenging the discriminatory practices within the Nigerian Police Force.
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After taking the arguments, Justice Inyang Ekwo of the Federal High Court, Abuja delivered his judgment on February 21, 2022, where he dismissed the appellant’s action for lacking merit.
Dissatisfied, the appellant approached the court via a Notice of Appeal filed on March 15, 2022, containing six grounds.
In the judgment, the Court of Appeal unanimously allowed the appeal, overturning the Federal High Court’s decision in favor of the NBA.
The court held that Regulations 126 and 127 of the Police Act “interfere with the privacy of the lives of female police officers and discriminate against them based on their gender”.
Justice Oyewole said, “I do not agree with the learned trial Judge that the regulations in issue are necessary for morality and discipline in the Police Force as morality and discipline do not have a gender bias.
“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. This is unacceptable in a decent and democratic society governed by the rule of law.
