Court Nullifies Regulation On Sack Of Pregnant Unmarried Policewomen

The National Industrial Court on Wednesday awarded N5 million damages to Ms Olajide Omolola, over her dismissal from the police for getting pregnant out of wedlock as it struck down Regulation 127 of the Nigeria Police Regulation which stipulates the sack of unmarried policewomen who get pregnant.

GWG.ng had reported the dismissal of the Ekiti based policewoman after she got pregnant reportedly two months after she left the police college.

Following her sack, Ms Olajide Omolola who the authorities claimed disgraced the police approached the National Industrial Court which in a groundbreaking judgment struck down Regulation 127 as discriminatory and inconsistent with the Constitution.

The NIC affirmed that the regulation discriminated against females in the police as it did not pass similar injunctions against unmarried male policemen who get women pregnant outside of marriage.

In the judgment delivered by Justice D. K. Damulak of the Akure Division of the NIC, she upheld that the regulation violates section 42 of the Constitution and article 2 of the African Charter on Human and Peoples Rights Ratification and Enforcement Act which abolished discrimination on basis of gender.

Justice Damulak said, “The Court finds and holds that the provision of Section 127 of the Police Act and Regulation 127 thereof, which applies to unmarried women police officers getting pregnant while in service but does not apply to unmarried male police officers impregnating females while they are in service, are discriminatory against unmarried women police offices by Section 1(3) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, if any law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall to the extent of its inconsistency be void.

“For the avoidance of doubt, the case of the Claimant succeeds in part only in terms of prayer B which is A Declaration that the provisions of Regulation 127 and section 127 of the Police Act which is against women police officers getting pregnant before marriage but does not apply to male police officers impregnating women before marriage is discriminatory, illegal and unconstitutional as it violates the Claimant’s Fundamental Right under Section 42 of the 1999 Constitution (as amended) and Article 2 of the African Charter on Human and Peoples’ Rights and the said provision is hereby declared null and void and struck down.”

While the judge awarded aggravated damages of N5 million for the violation of Omolola’s fundamental right to freedom from discrimination, she, however, turned down her prayer for reinstatement on the grounds that she was on probation at the time she was dismissed.

She, has, however, won a reprieve for other unmarried policewomen who may become pregnant.

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