On Thursday, January 28, 2021, the Vanguard Newspaper online reported the dismissal of a female Police Constable, Miss Olajide Omolola who was recently dismissed from the Nigeria Police Force.

The Ekiti State Commissioner of Police stated that the dismissal was based on section 127 of the Nigeria Police Regulations which provides that “an unmarried woman police who becomes pregnant shall be discharged from the Force, and shall not be enlisted except with the approval of the Inspector-General”.

In considering whether the action of the Police was lawful in the circumstance, we need to examine the relevant provisions of the Constitution.

Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) guarantees and protects the right to private and family life. The pregnancy of Ms Omolola is her private life and the Police ought not to interfere with her right to private and family life. Marriage is a choice, and celibacy is not a valid ground to deny any Nigerian the right to pursue his or her career path.

Section 42 of the Constitution also safeguards the right to freedom from discrimination and provides that no citizen of Nigeria shall be discriminated against on grounds of ethnic group, place of origin, sex, religion or political opinion.

It is very clear that the dismissal of Ms Omolola from the Police Force was on the ground of sex. It is important to note that while section 127 of the Police Regulations provides for dismissal of an unmarried police woman who becomes pregnant, there is no corresponding provision for the dismissal of an unmarried police man who gets someone pregnant.

The Constitution is supreme and by virtue of section 1(3) of the 1999 Constitution, if any other law is inconsistent with the provision of the Constitution, the Constitution shall prevail and that other law shall to the extent of its inconsistency be void.

Section 127 of the Police Regulations is inconsistent with Sections 1, 37 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, 1999 (As amended) and is by virtue of that inconsistency, void.

The said provision of the Nigeria Police Regulations which discriminates against the sex of female police officers in Nigeria should be declared unconstitutional.

International Conventions such as the African Charter on Human and Peoples’ Rights (African Charter) which Nigeria has ratified and domesticated condemns discrimination of all sorts. The combined provisions of Articles 2, 3 and 18 of the African Charter guarantees and safeguards the right of every individual to equality before the law and equal protection of the law and also frowns at all forms of discrimination.

In specific terms, Article 18(3) of the African Charter provides as follows:

The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of women and the child as stipulated in international declarations and conventions.

We therefore call on the Inspector General of Police to annul the dismissal and recall Miss Olajide Omolola whose dismissal is unlawful and unjustifiable.

We further call on the authorities of the Police Force to grant Miss Olajide Omolola maternal leave when due so as to enable her nurse her Baby, and pay her all her entitlements which may have been withheld by reason of the unlawful dismissal.