The National Industrial Court nullified Regulation 127 of the Nigeria Police Regulation made pursuant to the Police Establishment Act 2020, which provides for the sack of an unmarried woman Police Officer who gets pregnant.
Miss Omolola Olajide of the Ekiti Police Command was dismissed on January 26, 2021 by Mr Mohammed Adamu, former Inspector-General of Police, for getting pregnant while being single. She decided to challenge her dismissal on the ground that the Police authorities discriminated against her, since her male counterparts are not dismissed in similar circumstances.
In a landmark judgement delivered at the Akure Judicial Division of the National Industrial Court last week, the presiding Judge, Justice D. K. Damulak held that the Police Regulation which permits the dismissal of unmarried pregnant Policewomen is discriminatory, illegal, null and void, as it violates Section 42 of the Constitution and Article 2 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act which abolished discrimination on basis of gender. The Judge said that the Police Regulation cannot stand, as it is not applicable to unmarried Policemen who impregnate women, and consequently, set it aside.
The Judge stated thus: “the Court accordingly, finds and holds that the provision of Section 127 of the Police Act and Regulation 127 thereof, which applies to unmarried women Police Officers getting pregnant while in service, but does not apply to unmarried male Police Officers impregnating females while they are in service, are discriminatory against unmarried women Police Officers by Section 1(3) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, if any law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall to the extent of its inconsistency, be void.”
The Judge further held that: “For the avoidance of doubt, the case of the Claimant succeeds in part only in terms of prayer B which is, A Declaration that the provisions of Regulation 127 and Section 127 of the Police Act which is against women Police Officers getting pregnant before marriage, but does not apply to male Police Officers impregnating women before marriage is discriminatory, illegal and unconstitutional, as it violates the Claimant’s Fundamental Right under Section 42 of the 1999 Constitution (as amended) and Article 2 of the African Charter on Human and Peoples’ Rights, and the said provision is hereby declared null and void, and struck down.”
Justice D. K. Damulak awarded aggravated damages of N5 million for the violation of Miss Olajide’s fundamental right to freedom from discrimination.
The case was handled by Mrs Funmi Falana. In her reaction to the judgement, Mrs Falana commended Justice Damulak for his contribution to the development of the nation’s human rights jurisprudence, on gender equality in the country.
