Appeal Court rules against dismissing unmarried pregnant policewomen

The Abuja Court of Appeal has declared that Regulations 126 and 127 of the Nigerian Police, allowing the dismissal of unmarried policewomen upon pregnancy while in service, are unlawful. The court has instructed the Attorney General of the Federation, the Police Service Commission, and the Nigerian Police Force to thoroughly revise all Police Regulations to ensure compliance with the standards of a contemporary society governed by the rule of law.

Justice Olubunmi Oyewole delivered the primary verdict, supported unanimously by fellow panelists Justice Bukola Banjoko and Justice Okon Abang.

This ruling stems from a legal challenge filed by the Nigeria Bar Association against the aforementioned entities. The case originated on February 15, 2021, when the NBA lodged an initial plea contesting discriminatory practices within the Nigerian Police Force.

The central question revolved around whether Regulation 127 of the Nigeria Police Regulations, mandating the discharge of unmarried female officers upon pregnancy, infringes upon Sections 37 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), thus rendering it unconstitutional.

The NBA further requested the nullification of Regulations 126 and 127, citing their contradiction with constitutional provisions.

Following deliberation, Justice Inyang Ekwo of the Federal High Court in Abuja dismissed the NBA’s claims on February 21, 2022, deeming them meritless. Unsatisfied with this decision, the NBA filed an appeal on March 15, 2022, subsequently reaching the Court of Appeal.

In a unanimous verdict, the Court of Appeal ruled in favor of the NBA, overturning the Federal High Court’s judgment.

The court concluded that Regulations 126 and 127 of the Police Act violate the privacy and gender equality of female officers. Justice Oyewole emphasized that these regulations are incompatible with modern standards of morality, discipline, and gender equality.

He stressed that such regulations are unacceptable in a fair and democratic society, emphasizing the rights guaranteed to citizens by the constitution. Consequently, Regulations 126 and 127 were declared null and void to the extent of their inconsistency with the constitution.