*Ekiti AG to Judge
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Further hearing of the matter instituted by the Ekiti State Attorney-General, Olawale Fapohunda against the Inspector General of Police , Ekiti State Commissioner of Police and the Police Service Commission in the matter of policewoman Omolola Olajide who was dismissed from the police for falling pregnant before marriage, resumed today at the Federal High Court, Ado-Ekiti Judicial Division.
At the resumption of the hearing, the defendants’ Counsel, CSP Femi Falade who appeared for the Defendants raised three objections to the suit. First, that the Attorney-General has no locus standi to institute the matter; second, that the Police Service Commission was not given the statutory pre-action one month notice; and third, that the suit was an abuse of court process a similar suit having been filed on behalf of the policewoman at the National Industrial Court, Akure Judicial Division. He urged the court to dismiss the suit.
The Attorney-General of Ekiti State who appeared for himself in the matter argued that the matter of locus standi was now well settled by the superior courts. Fapohunda made a passionate plea to presiding Justice Babs Kwuemi to discountenance the argument raised by the Defendants Counsel by upholding the sanctity of the power of the Attorney-General to defend citizens rights.
Fapohunda argued that on the issue of proper parties, the Police Service Commission was a party and there was no need for a pre-action notice. He submitted that although Section 2 of the Police Service Commission Act provides that ” no suit shall be commenced against a member of the Commission, the Secretary, officer or employee of the commission before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the commission by the intending Plaintiff or his agents” this section does not apply to the Commission as a regulatory body with the power to sue and be sued in its name.
Fapohunda further argued that the matter before the National Industrial Court is not the same and as the one before the Federal High Court. Stating that the parties, the reliefs as well as the issues for determination are not the same.
It would be recalled that on the 5th February 2021 the Attorney-General of Ekiti State instituted a civil suit against the Inspector General of Police and two others challenging the constitutionality of section 127 of the Police Regulations which provides that “an unmarried woman police officer who become pregnant shall be discharged from the Force, and shall not be re-enlisted except with the approval of the Inspector-General.
Reliefs sought by the Attorney-General include; a declaration that Section 127 of Police Act and Regulation Cap. P19, Laws of the Federation of Nigeria, 2004 is inconsistent with the provisions of the 1999 Constitution and an Order nullifying Section 127 of the Police Act and Regulation Cap. P19, Laws of the Federation of Nigeria, 2004.
Judgment in the suit will be delivered on October 6, 2021.
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