The Nigerian Bar Association, NBA, just had a remarkably landmark victory on Friday at the Court of Appeal, Abuja. The appellate court in CA/ABJ/CV/454/2022:Incorporated Trustees, Nigeria Bar Association v AGF and 2 Ors in its judgment struck down Regulations 126 and 127 of the Police Force Regulations that empower the Police Force to terminate the services of an unmarried Policewoman who gets pregnant while in service.
The Court of Appeal declared the discriminatory provisions as illegal, null, and void and accordingly struck them down on the grounds of being unconstitutional.
At Friday’s proceedings, the Court of Appeal, Abuja Judicial Division coram J.O.K. Oyewole JCA, A. I Banjoko JCA and O.E Abang JCA unanimously allowed the appeal and set aside the decision of the Federal Court, Abuja Judicial Division delivered by Ekwo J on 21st February 2022, in respect of Suit No. FHC/ABJ/CS/178/2021 between The Incorporated Trustees of the Nigerian Bar Association vs. The Attorney General of the federation & 2 Ors.
The Defendants in the suit at the lower Court were the Attorney General of the Federation, The Police Service Commission, and the Nigerian Police Force.
The suit came about consequent upon the injuriously draconian and discriminatory provisions of Police Regulations 126 and 127 regarding the fate of unmarried pregnant policewomen.
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 discrimination that the aforementioned provisions 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 suit was filed in 2021 but the NBA lost at the trial Court. The suit and the appeal were prosecuted on behalf of the NBA by Charles Mekwunye, SAN, Olukunle Edun Esq. Aderemi Oguntoye and Boonyameen Babajide Lawal Esq.
