Unmarried Female Police Officers Can’t Get Pregnant, Court Rules

NBA loses case seeking invalidation of NPF Regulation 127

Justice Inyang Ekwo of a Federal High Court in Abuja on Monday refused to nullify Regulation 127 of the Nigeria Police Force, which forbids 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”.

The decision of the Court was sequel to an action filed by Nigerian Bar Association querying the legality of the provision which, it argued, was not only in conflict with the 1999 constitution (as amended), but also amounted to discrimination against an unmarried female police officer.

Citing the case of Omolola Olajide, a female police officer that was sacked in Ekiti State on January 26, 2021, for being pregnant while unmarried, the NBA maintained that such discriminatory Regulation has also rendered many female officers childless for fear of being sacked.

The NBA said, “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.”

The Attorney-General of the Federation, Abubakar Malami (SAN), Police Service Commission, and the Nigeria Police Force were listed as defendants in the suit.

Though the other defendants did not respond to the suit, the AGF, in a counter-affidavit asked that it should be dismissed.

He contended that the Regulation the NBA complained about was in order as it was made pursuant to an extant law.

The AGF asked the plaintiffs to approach the National Assembly for an amendment if it was not comfortable with the provision.

“Fundamental human rights, as guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (as amended), are not absolute.

“The Nigeria Police Act and Regulations are special creations of law. The Nigeria Police Act and Regulations provide the framework for the Police Force in maintaining peace, combating crime, protecting liberties, life and property, and other related matters.