The Court of Appeal has struck down Regulations 126 and 127 of the Police Force Regulations which hitherto empowerd the Police Force to terminate the services of an unmarried female Police officer who gets pregnant while in service.
In the Appeal with No: CA/ABJ/CV/454/2022 filed by the Incorporated Trustees of the Nigeria Bar Association against the Attorney General of the Federation and 2 Ors the Court of Appeal declared the provisions of the regulations null and void and accordingly struck them down on the ground that they were unconstitutional.
The Court of Appeal panel comprising of J.O.K. Oyewole JCA, A.I Banjoko JCA and O.E Abang JCA, unanimously allowed the appeal filed by the NBA and set aside the decision of the trial court
Recall that the NBA had filed the suit at the Federal High Court, Abuja in Suit No. FHC/ABJ/CS/178/2021 against the AGF and the Police Service Commission and the Nigerian Police Force.
The reliefs sought in the originating summons were for the court to determine the constitutionality of Regulation 127 of the Nigeria Police Regulations which provides that 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 and Regulation 126 of the Nigerian Police Regulations which provides that a married woman police officer who is pregnant may be granted maternity leave in accordance with the provisions of general orders.
The NBA has filed the suit at the time when one Miss Omolola Olajide, a policewoman under the Ekiti State Command of the Nigeria Police Force was dismissed from the force by the 2nd and 3rd Respondents for being pregnant while unmarried.
The trial court had dismissed the suit as lacking in merit. Dissatisfied with the decision, the NBa had filed the instant appeal wherein the Court of Appeal upturned the decision of the trial court.