Court of Appeal Rules Against Police Regulations 126 & 127 In Landmark NBA Case
In a significant legal triumph today, the Nigerian Bar Association (NBA) secured a groundbreaking win at the Court of Appeal in Abuja.
The Court of Appeal, in the case of CA/ABJ/CV/454/2022 Trustees, Nigeria Bar Association v AGF and 2 Ors, struck down Regulations 126 and 127 of the Police Force Regulations. These regulations, which authorized the Police Force to dismiss unmarried policewomen for pregnancy during service, were deemed unconstitutional and nullified by the Court of Appeal.
The Appellant (as Plaintiff at the trial court) filed an originating summons dated 15th February 2021 and sought inter alia, the determination of the constitutionality of Regulation 127 of the Nigeria Police Regulations (which 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) 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), while taking into consideration the provisions of Articles 2,3,5,18 and 19 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) LFN, 2004.
The Appellant’s case at the trial court was premised on the fact that the 3rd Respondent is subject to the provisions of the Constitution of the Federal Republic of Nigeria (hereinafter referred to as “the constitution” or “CFRN”) and cannot exceed its ambit but the provisions of the Nigeria Police Regulations (hereinafter referred to as “the Regulations”) which prohibits a serving unmarried woman police officer from getting pregnant as she stands the risk of being dismissed is not only unconstitutional but also in contravention of the provisions of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act (Cap A9) LFN, 2004.
Because of the provisions of Regulation 127, one 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 discrimination which the aforementioned provision created between serving female police officers, necessitated the commencement of an action for the determination of the constitutionality of Regulations 126 and 127 of the Nigeria Police Regulations made pursuant to the Police Act, Cap 19 Laws of the Federation of Nigeria, 2004 as same is in contravention of the fundamental rights of unmarried women police officers.
The trial court reserved delivery of its judgment to 21st February 2022. In delivering its judgment, the trial court entered judgment in favour of the Respondents and the action was dismissed as purportedly lacking in merit.
The lawsuit, initiated in 2021, initially faced a setback at the trial court. However, with unwavering legal representation by Charles Mekwunye, SAN, Olukunle Edun Esq., Aderemi Oguntoye, and Boonyameen Babajide Lawal Esq., the NBA successfully pursued the case through the appellate process, resulting in this significant ruling.
During today’s proceedings at the Court of Appeal, Abuja Judicial Division, comprising J.O.K Oyewole JCA, A.I Banjoko JCA, and O.E Abang JCA, the appeal was unanimously allowed, overturning the Federal Court’s decision in favor of the NBA.
The case challenged the constitutionality of Regulations 126 and 127 of the Nigeria Police Regulations, citing violations of human rights and discriminatory practices against unmarried female police officers.
The legal battle, led by the NBA Public Interest Litigation Committee and pro bono representation by Dr. Charles Mekwunye, SAN, Mr. Olukunle Edun, Mr. Aderemi Oguntoye, and Boonyameen Babajide Lawal, culminated in a pivotal victory that upholds the rights and dignity of policewomen in Nigeria.
