The Nigeria Police Force has reinstated Miss Omolola Olajide of the Ekiti Police Command, who was previously dismissed for becoming pregnant while unmarried.
The decision follows judgments from both the National Industrial Court and the Court of Appeal, which ruled in favour of Miss Olajide, citing discrimination against her as a female officer.
In a suit filed by her legal representative, Funmi Falana, SAN, at the Akure Judicial Division of the National Industrial Court, Miss Olajide challenged her dismissal, arguing that her male counterparts faced no similar penalties for similar circumstances.
Meanwhile, on January 11, 2023, Justice D. K. Damulak delivered a landmark judgment, declaring that the Police Regulation permitting the dismissal of unmarried pregnant policewomen is discriminatory and violates Section 42 of the Nigerian Constitution and Article 2 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, which prohibits gender discrimination in Nigeria.
In a statement released on Friday, obtained by SaharaReporters, Miss Olajide’s counsel, Mrs Falana commended the Nigerian Police for their decision to reinstate her client, acknowledging their compliance with the court’s ruling and commitment to upholding justice.
The statement read, read, “Sometime in January 2021, Miss Omolola Olajide of the Ekiti Police Command was dismissed by the Nigeria Police Force for getting pregnant while she was unmarried in accordance with Section 127 of the Police Regulations made pursuant to the Police Establishment Act 2020.
“In a suit filed on behalf of Miss Omolola Olajide at the Akure Judicial Division of the National Industrial Court by our law firm, she challenged her dismissal on the ground that the Police authorities discriminated against her since her male counterparts are not dismissed in similar circumstances.”
According to Falana, “Dissatisfied with the judgment of the National Industrial Court, the Inspector-General of Police filed an appeal against it at the Court of Appeal, But the appeal was dismissed in the case of Incorporated Trustees NBA v. AG, Federation (2024) LPELR 62208 (CA) where the Court of Appeal (Per Oyewole JCA) held:
“It is unthinkable that the Nigerian Police of this day and age operates on the principle that female officers need to be specially moderated and regulated while their male counterparts are free. This is unacceptable in a decent and democratic society governed by the rule of law.”
However, the argument that the deprivation involved were consented to by prospective female police officers who cannot subsequently complain flies in the face of the constitutional provisions expressly granting them the rights involved as citizens of this country.
The rights given go beyond those for the personal benefit of the individuals involved as could be waived by them.
It said, “They are public rights which accord with the demands of a fair, equitable and humane society. These are standards and values demanded of modern nations and which are outside the purview of any individual to waive.
“I therefore hold that the said regulations 126 and 127 are inconsistent with the provisions of section 37 and 42 of the Constitution and are therefore null and void to the extent of their inconsistency pursuant to section 1 (3) of the Constitution.
“In view of the combined effect of the judgments of the National Industrial Court and the Court of Appeal, we appealed to you to reinstate our client to the Nigeria Police Force. Following the appeal, our client has informed us that she was reinstated last week and posted to her former post in the Ekiti State Police Command.”
“While thanking you for reinstating our client to the Nigeria Police Force, please accept the assurances of our highest esteem and professional regards,” Falana added.