The Abuja Division of the Federal High Court on Monday said the police have powers to sack any female officers who become pregnant while unmarried. The decision upheld police’s dismissal of a female officer in Ekiti in January 2021.
Justice Inyang Ekwo said the women were already aware of police regulations against getting pregnant out-of-wedlock before joining the service.
The suit was initiated by the Nigerian Bar Association after a female officer in Ekiti, Omolola Olajide, was fired in January 2021 for being pregnant without a spouse.
The NBA said the police action violated constitutional rights against discrimination, but the judge disagreed.
Mr Ekwo said Sections 126 and 127 of police regulations spelt out to women prior to enlisting in service.
The judge said 126 gives married women maternity leave; while Section 127 recommended dismissal for any woman who becomes pregnant without a legal husband.
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It was earlier reported that, Nigerian Police Force has sacked a female corporal, Olajide Omolola, for getting pregnant out of wedlock.
The police authority in a wireless message with reference number CJ:4161/EKS/IY/Vol.2/236, DTO:181330/01/2021 obtained by PUNCH Metro, said Omolola was dismissed for getting pregnant while unmarried.
The signal originated from the Department of Finance and Administration in Ado Ekiti and was addressed to the Divisional Police Officer at Iye Ekiti, where the victim was based.
It asked the chief financial officer in Ekiti to relay the information to the Integrated Personnel and Payroll Information System to ensure that her salary was stopped.
The document read, “Section 127 of the Police Act and Regulation against women police getting pregnant before marriage; W/PC (woman corporal) Olajide Omolola passed out of Police Training School on 24/04/2020 attached to yours, contravened above provisions.
“She stands dismissed from the Force. Dekit her. Retrieve police documents in her possession with immediate effect. O/C CFO Ekiti only. You are to relay signal to IPPIS Abuja for the stoppage of her salary with immediate effect.
“DECOMPOLS (Deputy Commissioners of Police)/ACPOLS (Assistant Commissioners of Police)/HODs/DPOs Ekiti State only. You are to lecture women police. Treat as very urgent.”
However, it was gathered that the aspect of the Act relied on to justify the sacking had been repealed in the amended police Act signed into law by President Muhammadu Buhari in September 2020.
Part of the repealed law also made it mandatory for policewomen to seek the permission of their superiors before getting married.
One of the champions of Police Reform in Nigeria, Dr. Innocent Chukwuma, who is also the Regional Director of Ford Foundation, West Africa, confirmed that the aspect of the Act which stopped unmarried policewomen from getting pregnant had been repealed.
He, however, disclosed that the law had not yet been gazette, thus, the ignorance of its provision by the police.
He said, “But it doesn’t mean it should not be upheld. Gazetting is a mere administrative process. It entails officially publishing and making it available to all stakeholders and government establishments. Until that is done, they are usually reluctant to uphold the law.”
The spokesperson of the Police Service Commission, Ikechukwu Ani, refused to comment on the development.
According to the Ekiti State Police Public Relations Officer, Sunday Abutu, the decision of the force was based on existing law.
“It was Police Act Section 124 that was repealed by the court, not Section 127. Section 127 still stands. Section 124 talks about women police taking permission from the commissioner before getting married. Section 127 says any police officer who is unmarried and eventually gets pregnant shall be disengaged from the Force. It is in the police act and regulation. It is a regimented organisation and we have our rules and regulations which everyone must comply with,” he said.
