The Court of Appeal in Abuja has struck down Regulations 126 and 127 of the Police Force Regulations, which allowed for the dismissal of unmarried policewomen who became pregnant during their service.
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The ruling, in the case of CA/ABJ/CV/454/2022 Trustees, Nigeria Bar Association v AGF and 2 Ors, marks a significant victory for the Nigerian Bar Association (NBA) and its fight against discriminatory practices within the police force.
The legal battle began in 2021 when the NBA filed an originating summons challenging the constitutionality of the regulations, citing violations of human rights and discrimination against unmarried female police officers. The case was initially dismissed by the trial court, but the NBA persevered, pursuing the matter through the appellate process with the pro bono representation of esteemed lawyers, including Charles Mekwunye, SAN, Olukunle Edun Esq., Aderemi Oguntoye, and Boonyameen Babajide Lawal Esq.
The Court of Appeal, comprising Justices J.O.K Oyewole, A.I Banjoko, and O.E Abang, unanimously allowed the appeal, overturning the Federal Court’s decision in favor of the NBA. The court held that Regulations 126 and 127 were unconstitutional and in contravention of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.
The case was brought to light by the dismissal of Omolola Olajide, a policewoman under the Ekiti State Command of the Nigeria Police Force, who was dismissed for being pregnant while unmarried. The NBA argued that the regulations created discrimination between serving female police officers and were in violation of their fundamental rights.
The NBA’s Public Interest Litigation Committee, led by the pro bono legal team, fought tirelessly to secure this landmark victory. The ruling not only nullifies the discriminatory regulations but also sets a precedent for upholding the rights and dignity of policewomen in Nigeria.
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