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The Court of Appeal sitting in Abuja has declared Regulations 126 and 127 of the Nigerian Police, which allow for the dismissal of unmarried policewomen who become pregnant during their service, as illegal.
The three-man panel of the court, led by Justice Olubunmi Oyewole, unanimously adopted the lead judgment, stating that the regulations “interfere with the privacy of the lives of female police officers and discriminate against them on the basis of their gender”.
The court’s decision was in response to a suit filed by the Nigerian Bar Association (NBA) challenging the discriminatory practices within the Nigerian Police Force. The NBA had argued that the regulations violate the provisions of Sections 37 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and are therefore unconstitutional, null, and void.
The court’s judgment overturns the Federal High Court’s decision, which had dismissed the NBA’s action for lacking merit. The Court of Appeal held that the regulations “are inconsistent with the provisions of section 37 and 42 of the Constitution and are therefore null and void to the extent of their inconsistency pursuant to section 1 (3) of the Constitution”.
The court also advised the respondents, the Attorney General of the Federation, the Police Service Commission, and the Nigerian Police Force, to carry out a comprehensive review of the entire Police Regulations to ensure that they accord with the demands of a modern society operating under the rule of law.
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