An Abuja-based Court of Appeal has ruled that, the regulations 126 and 127 of the Nigerian Police, which permit the termination of an unmarried police officer who becomes pregnant while on duty, is unlawful.
In addition, the Attorney General of the Federation, the Police Service Commission, and the Nigerian Police Force were asked by the three-member court panel to conduct a thorough examination of the entire set of Police Regulations to make sure they meet the requirements of a contemporary society that upholds the rule of law.
The two other judges, Justices Bukola Banjoko and Okon Abang, unanimously agreed with the lead judgment read by Justice Olubunmi Oyewole.
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 (NBA) filed an originating summons challenging the discriminatory practices within the Nigerian Police Force.
In the judgment, the Court of Appeal unanimously allowed the appeal, overturning the Federal High Court’s decision in favour 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 on the basis of 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 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.
“The argument that the deprivation involved were consented to by prospective female police officers who cannot subsequently complain flies 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 21stFebruary, 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”.
Channels TV
