The Court of Appeal has declared two policies of the Nigerian Police Force that proposes the sacking of unmarried policewomen who became pregnant.

Regulations 126 and 127 of the Nigerian Police previously allowed for the dismissal of such officers.

The judgement follows a legal battle started by the Nigerian Bar Association (NBA) in February 2021.

NBA, the appellants, sued the three respondents, the Attorney General of the Federation, the Police Service Commission and the Nigerian Police Force, and the court ruled in their favour.

The three-judge panel also questioned 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.

Justice Olubunmi Oyewole read the lead judgement, which was unanimously adopted by the other members of the panel, Justice Bukola Banjoko and Justice Okon Abang.

The appellants asked the court to determine, among other things, whether the provisions of Regulation 127 of the Nigeria Police Regulations made under the Police Act, Cap 19 Laws of the Federal Republic of Nigeria, 2004, to the extent that it 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 of Police” do not violently contravene the provisions of Sections 37 & 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore unconstitutional, null and void.

The NBA also asked the court to make “an order striking down 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 the same is in violent conflict with the provisions of Sections 37 & 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

After hearing the arguments, Justice Inyang Ekwo of the Federal High Court in Abuja issued his decision on February 21, 2022, dismissing the appellant’s action for lack of merit.

NBA, however, was dissatisfied and filed a Notice of Appeal with the Court on March 15, 2022, citing six grounds.

In its decision, the Court of Appeal unanimously granted the appeal, overturning the Federal High Court’s decision in favour of the NBA.

The court ruled that Regulations 126 and 127 of the Police Act “interfere with the privacy of the lives of female police officers and discriminate against them on the basis of their gender.”.

“It is unthinkable that the Nigerian Police of this day and age operates on the principle that female officers need to be specially moderated and regulated while their male counterparts are free. This is unacceptable in a decent and democratic society governed by the rule of law,” Justice Oyewole said.

“I therefore hold that the said regulations 126 and 127 are inconsistent with the provisions of sections 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 Respondents are advised 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.”