The Court of Appeal sitting in Abuja has declared Regulations 126 and 127 of the Nigerian Police Force (NPF) illegal. These regulations previously allowed for the dismissal of unmarried female officers who became pregnant during their service. This discriminatory practice has finally been struck down, upholding the rights of women in the police force.
The case originated from a lawsuit filed by the Incorporated Trustees of the Nigerian Bar Association (NBA) against the Inspector General of Police and the Police Service Commission. The NBA challenged the legality of the aforementioned regulations, arguing that they violated the fundamental rights of female officers enshrined in the Nigerian Constitution.
Federal High Court’s Initial Ruling
Justice Inyang Ekwo of the Federal High Court, Abuja, initially dismissed the NBA’s case in February 2022. However, the NBA, determined to secure justice for female police officers, filed an appeal.
Court of Appeal’s Unanimous Decision
The Court of Appeal, in a unanimous decision, overturned the Federal High Court’s ruling. The judgment, delivered by a panel led by Justice Helen Ogunwumiju, held that Regulations 126 and 127 were unconstitutional and discriminatory.
Here’s a breakdown of the court’s reasoning:
- Privacy Breach: The regulations were deemed to be a gross interference with the privacy of female officers’ personal lives. Their marital status and reproductive choices were being unfairly scrutinized by the force.
- Gender Discrimination: The court highlighted the inherent bias in the regulations. There were no corresponding provisions targeting unmarried male officers who fathered children outside wedlock. This selective application constituted clear gender discrimination.
- Constitutional Conflict: The judgment emphasized the supremacy of the Nigerian Constitution. The court declared that any regulation that contradicts the Constitution’s provisions on equality and non-discrimination is automatically null and void.
This landmark decision has been hailed by legal experts and human rights activists across the country.
This is a significant victory for the rights of women in Nigeria,” said Ms. Oludolapo Oyewole, a prominent lawyer specializing in gender equality. “The court has sent a strong message that women cannot be discriminated against based on their marital status or personal choices.”
Reactions from Stakeholders
The Nigeria Police Force (NPF) has yet to issue an official statement regarding the court’s decision. However, many within the force believe that the judgment represents a positive step towards a more inclusive and equitable police service.
“This ruling removes an unnecessary barrier for women who want to serve their country in the police force,” said a senior female police officer who wished to remain anonymous. “It allows women to focus on their careers and motherhood without fear of dismissal.”
Impact and Potential Challenges
The court’s decision has the potential to pave the way for increased female representation in the NPF. Currently, women make up a small percentage of the police force. This ruling could encourage more women to join and progress through the ranks.
However, challenges remain. The NPF may need to revise its policies and procedures to ensure seamless implementation of the court’s decision. Additionally, some societal attitudes towards unmarried mothers might require sensitization efforts to foster a more accepting work environment.
Looking Forward
The Court of Appeal’s judgment represents a critical step towards gender equality in the Nigerian Police Force. It reinforces the principle that women’s careers should not be penalized due to personal choices. This landmark decision paves the way for a more inclusive and diverse NPF, ultimately benefiting public safety and national security.
The onus now lies on the NPF to ensure the smooth implementation of this judgment and to create a work environment that fosters the professional growth and well-being of all its officers, regardless of gender or marital status. The legal community and civil society organizations will likely monitor the NPF’s response closely, ensuring that the spirit of this landmark decision translates into real and lasting change for women in the police force.
