The Federal High Court, Abuja Division has upheld Regulation 127 of the Nigeria Police Force, which prohibits unmarried police officers from getting pregnant.
The Regulation 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.”
Defendants in the suit include the Attorney General of the Federation, the Police Service Commission, and the Nigeria Police Force as listed by the Plaintiff, the Nigeria Bar Association (NBA).
In his ruling, Justice Inyang Ekwo held that any unmarried woman who intends to get pregnant is not compelled to join the police.
However, the NBA while arguing the inequality in the law, noted that “the male police officers and married female police officers in the Nigeria Police Force are not subjected to similar discrimination, sanction, opprobrium and indignity.
“There are many unmarried female police officers in the NPF who, because of this discriminatory practice, cannot have or be allowed to have children because of fear of dismissal from the Police Force.
“Married female police officers are allowed to be pregnant and have children while still serving in the Police Force; they also enjoy maternity benefits.”
Justice Ekwo, who agreed with the position of the Attorney General of the Federation (AGF), held that the suit lacked merit, stressing that unmarried female police officers were aware of the regulation before they joined the force.
He held that the onus was on the NBA to prove that the statutory instrument “is not reasonably justifiable in a democratic society and is not made in the interest of defence, public safety, public order, public morality or public health.”
Meanwhile, the AGF, in his counter-affidavit, argued that the Regulation the NBA complained about was in order, as it was made pursuant to an extant law and urged the court to dismiss the suit.
The AGF, however, asked the Plaintiff to approach the National Assembly for an amendment if it was not satisfied with the provision.
