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Court of Appeal declares Police regulations banning unmarried female officers from getting pregnant unlawful

Guardian Nigeria 2024/5/19

The Abuja Division of the Court of Appeal has declared as unconstitutional the Police regulations that prohibit a serving unmarried female police officer from getting pregnant in service.

Female police

The Abuja Division of the Court of Appeal has declared as unconstitutional the Police regulations that prohibit a serving unmarried female police officer from getting pregnant in service.

The court held that the provision is not only unconstitutional but also in contravention of the provisions of the African Charter on Human and People’s Rights.

The appellants are the Nigerian Bar Association (NBA) Public Interest Committee, while the AGF, Nigeria Police and Police Service Commission were among the respondents.

Recall that owing to the provisions of regulation 127, one Miss Omolola Olajide, a policewoman serving in Ekiti State Command of the Police was dismissed from the force by the 2nd and 3rd respondents for being pregnant while unmarried.

The trial court, in delivering its judgment, entered judgment in favour of the respondents and the action was dismissed as purportedly lacking in merit.

Dissatisfied with the reasoning and conclusion of the trial court, the appellants approached the appellate court, praying it to set aside the judgment.

The Court of Appeal in its decision agreed that the provisions of regulations 126 and 127 were unconstitutional and were set aside to the extent of contravening the provisions of the Constitution.

A unanimous decision by a three-man panel of justices of the appellate court allowed the appeal and set aside the decision of the Federal High Court in the suit marked FHC/ABJ/CS/178/2021.

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