The Inspector-General of Police, (IGP), Mr. Mohammed Abubakar Adamu, has been called upon to immediately reinstate a woman police officer, Corporal Omolola Olajide sacked by the authorities for getting pregnant while she was yet to marry.
In a petition to the Inspector General of police, the Chairperson of the Women Empowerment and Legal Aid (WELA), Mrs Funmi Falana, threatened to sue the police if the woman police is not restore to her duty post as soon as possible.
In the petition titled; “Request to Recall Dismissed Pregnant Police Officer”, wired to the IGP, Falana argued that the decision of the police to relief the police officer for getting pregnant was discriminatory in nature and abuse of her fundamental rights.
According to the lawyer activist, sacking the officer is repugnant to natural justice since same law is not applicable to police men who impregnate women without getting married and such decision is to be challenged.
Referring to a judgement of the court on equity, fairness and justice, Falana noted that, “Section 127 of the Police Regulation which discriminates against police women is illegal and unconstitutional. In other words, since policemen who impregnate women before marriage are allowed to remain in the Nigeria Police Force, it is discriminatory and unjust to dismiss a police woman for getting pregnant before marriage.”
According to her, the justification of the sack by the Ekiti State Police Command through her public relations officer, Mr. Sunday Abutu, when he said, “It was Police Act Section 124 that was repealed by the Court, not Section 127. Section 127 still stands. Section 124 talks about woman 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 organization and we have our rules and regulations which everyone must comply with,” was abysmal.
She said further, “Since the views expressed by Mr. Abutu represent the official position of the Nigeria Police Force it is pertinent to refer the Police Authorities to the case of Women Empowerment and Legal Aid v. Attorney-General of the Federation (2015) 1 NHRLR 39 at 57 where the Federal High Court Per Adah J. (as he then was) held as follows: “…The most fundamental issue is if this is the policy laid down for the police, does it apply to the men folk. It is not. So it is only issued to women police officers because of their gender as women and this is very much unconstitutional.
“Under Section 5(3) of the Police Act 2020, the Nigeria Police Force is charged with the responsibility of promoting and protecting the fundamental rights of all persons as guaranteed under the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.
” In view of the foregoing, you will agree with us that Section 127 of the Police Regulation which discriminates against police women is illegal and unconstitutional. In other words, since policemen who impregnate women before marriage are allowed to remain in the Nigeria Police Force. It is discriminatory and unjust to dismiss a police woman for getting pregnant before marriage.
“Finally, as it is indisputable that Corporal Omotola is entitled to freedom from discrimination guaranteed by Section 42 of the Constitution and Article 2 of the African Charter on Human and Peoples’ Rights we request you to use your good offices to order her reinstatement not later than January 31, 2021.
” Take notice that if our request is not granted, we shall challenge the dismissal of Mrs. Omolola at the National Industrial Court and pray for the annulment of Regulation 127 made pursuant to the Police Act, 2020,” she concluded.
