Sack Of Pregnant Police Officer: Ekiti Attorney-General Sues IG

The Attorney-General and  Commissioner for Justice in Ekiti State  Olawale Fapohunda has faulted the sack of a female cop by the police authorities in the state over allegations that she was pregnant during an unauthorised period in the service.

Fapounda in a release made available to journalists in Ado-Ekiti by his media aide ,Olalekan Suleman entitled “In the Matter of the Discharged Pregnant Woman Police Officer” said he had reviewed the said Police  Regulations and found several provisions in violation of Sections 37 and 42 of the Constitution the Federal Republic of Nigeria 1999 (as amended) as well as several regional and international treaties to which Nigeria is a party including the African Charter on Human and Peoples’

Recall the Ekiti  Police Commissioner, Mr. Babatunde Mobayo, had justified  the sacking of pregnant policewoman, Miss Olajide Omolola,  saying her conduct actually violated section 127 of the police regulation, which carries serious punitive measures against flouters.

Omolola, who was attached to the Iye Ekiti Police Station in Ilejemeje area of Ekiti State, was dismissed last week by police authority, for getting pregnant barely a year after graduating from the police academy. 

The police chief argued that the rules and regulations were unambiguous that woman police must undergo post training experience on the field for at least two years before marriage and three years before childbearing. 

“I felt for that lady, though I never saw her before. We saw the medical report and we did due diligence on her case.
We can’t shy away from the oath of office we took, but the IGP can still reverse whatever we do on the field. 

“About 300 policewomen were graduated here  last year. How would the public feel if they see all of them pregnant  in less than a year? It will  look ridiculous. We are not the drafters of the rules, we met them  there. All these disciplinary actions are what made  us to be able to control our men. No Police Constable is underaged and they should be able to know what to do not to get pregnant within the time prohibited by regulation”.

Mobayo maintained  the Police Amendment Bill 2019, which was brought and sponsored by Senator  Uzenwa Onyebuchi at the Senate  has not been passed , saying it has  only got to the second reading. 

Not satisfied with the CP’s explanation  ,AG argued that he decided to take the unprecedented action of filing a civil suit against the Inspector General of Police, the Commissioner of Police, Ekiti State and the Police Service Commission in defence of the rights of the woman police officer. 

“The Suit ( FHC/ AD/ CS/ 8/ 2021) filed in the Federal High Court, Ado Ekiti Judicial Division seeks a determination of several questions including whether by the combined provisions of Sections 37 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and Articles 2 ,3, 5, 18(3) and 19 of the African Charter on Human and Peoples’ Rights, the provisions of Section 127 of Police Act and Regulation Cap. P19, Laws of the Federation of Nigeria, 2004 are not unconstitutional, null and void.

“The Honourable Attorney-General by this suit is also seeking an order
nullifying Section 127 of the Police Act and Regulations as well as an 
order of perpetual injunction restraining the Inspector General of Police, Commissioner of Police, Ekiti State Command and the Police Service Commission from implementing the said provisions.

“The Honourable Attorney-General has  written to the Inspector General of Police offering the support of the Ministry of Justice, Ekiti State in conducting a gender audit of the Police Act and Regulations

” The Ministry of Justice, Ekiti State acknowledge the receipt of petitions from the International  Federation of Women Lawyers ( F’IDA) and several other women rights groups in Ekiti State concerning the matter of a woman police officer resident in Ekiti State discharged from the Nigeria Police Force because of her pregnancy status.

“The communication from the Nigeria Police Headquarters revealed that the woman police officer was discharged from the Nigeria Police in compliance with Section 127 of the Police Act and Regulations Cap. P19, Laws of the Federation of Nigeria, 2004.

Section 127 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” 

The Justice Commissioner  ,however said that government  was committed to the eradication of all forms of discrimination against women in public and private life. 

Government has enacted several laws, including the Gender-Based Violence (Prohibition) Law, 2020 (as amended)  and enabled policies aimed at protecting the rights of women in Ekiti State.