A Federal High Court in Abuja has dismissed a suit by the Nigerian Bar Association (NBA) seeking to void some provisions in the Nigeria Police Force Regulations (NPFR).
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The NBA had argued that Regulations 126 and 127 of the NPR, made pursuant to the Police Act, conflict with sections 37 and 42 of the Constitution.
Regulation 126 provides that “a married woman police officer, who is pregnant, may be granted maternal leave in accordance with the provisions of the general orders”.
Regulation 127 provides that “an unmarried woman police officer, who becomes pregnant, shall be discharged from the Force and shall not be re-enlisted except with the approval of the Inspector General of Police.”
Section 37 of the Constitution guarantees every Nigerian the right to private and family life, while Section 42 provides for the rights to freedom from discrimination.
The NBA argued that both provisions in the NPFR do not only discriminate against unmarried female police officers, it has also rendered many childless for fear of being sacked
But, in a judgment on Monday, Justice Inyang Ekwo held that there was nothing discriminatory or unlawful about the provisions in Regulations 126 and 127 of the NPFR.
Justice Ekwo held that having willingly enlisted into the police, and being aware of the regulations, it was wrong for an unmarried female police officer to now flout the same regulations.
The judge said:”I find that the regulation in issue in this case is about conduct and nothing more. I find no compelling reason for this court to disrupt the discipline of the force or interfere in the regulation of conduct of officers of the Nigeria Police Force whether male or female.
“Any person, who joins the force must abide by the regulation of the force or not join the force, as there is no compulsion about its membership.
“In my opinion, the essence of this suit is to use the provision of the 1999 Constitution (as amended) to lower the moral and professional standard of the NPF and this court will not give its imprimatur to such venture.”
Justice Ekwo added: “It is my opinion that Regulation 127 of the NPFR is to be seen as a code of conduct for an unmarried woman police officer and to forewarn such officer on the consequence of becoming pregnant while being unmarried in the force.
“However, the regulation provides for a remedy after such officer has been discharged from the force by stating that such officer can be re-listed with the approval of the Inspector General of Police.
“The argument that the provision is discriminatory because it does not apply to male officers, in my opinion, goes beyond the bounds of reasonableness and tilts seriously towards the absurd.
“The provision is aimed at the person who is capable of becoming pregnant while unmarried and not otherwise.
“Where a law or regulation of an establishment identifies gender attributes or faults and seeks to regulate the vulnerabilities capable of negatively affecting the progress of such gender, such law or regulation is a warning aforehand and cannot be said to be discriminatory.
“It is my finding that, in all that the plaintiff has posited, it has not pointed to any aspect of the regulations complained of which violates the interest of public order or public morality which will make it reasonably justifiable to invalidate Regulation 127 of the NPFR and I so hold
“I find that there was no basis for this action in the first place. An unmarried woman who intends to get pregnant is not compelled to join the police. Where such a woman becomes a police officer, she is bound by the regulation on pregnancy while being unmarried.
“I am unable to see any of the fundamental human rights provided in Chapter Four of the 1999 Constitution (as amended) expressly or latently meant to shield an unmarried woman police officer who becomes pregnant from being discharged from the force,” the judge said.
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