The National Industrial Court on Wednesday ruled in favour of an unmarried female cop, Olajide Omolola, who was sacked from service for being pregnant.
The dismissal of Omolola, a Corporal, by the police, was founded on Regulation 127 of the Nigeria Police Regulation made pursuant to the Police Establishment Act 2020. It provides for the sack of an unmarried woman police officer who gets pregnant.
So, her sack in 2021 while attached to Oye under Ekiti State Police Command, an outcome that riled her, and on account she dragged her employer before the National Industrial Court to challenge the decision, claiming it was cruel and discriminatory given that her male counterpart in similar situation won’t suffer her fate.
The court on Wednesday in Akure ruled in her favour.
According to the Presiding Judge, Justice D.K Damulak, the regulation violates section 42 of the Constitution and article 2 of the African Charter on Human and Peoples Rights Ratification and Enforcement Act which abolished discrimination on basis of gender.
“The Court finds and holds that the provision of Section 127 of the Police Act and Regulation 127 thereof, which applies to unmarried women police officers getting pregnant while in service but does not apply to unmarried male police officers impregnating females while they are in service, are discriminatory against unmarried women police offices by Section 1(3) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, if any law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall to the extent of its inconsistency be void.
“For the avoidance of doubt, the case of the Claimant succeeds in part only in terms of prayer B which is A Declaration that the provisions of Regulation 127 and section 127 of the Police Act which is against women police officers getting pregnant before marriage but does not apply to male police officers impregnating women before marriage is discriminatory, illegal and unconstitutional as it violates the Claimant’s Fundamental Right under Section 42 of the 1999 Constitution (as amended) and Article 2 of the African Charter on Human and Peoples’ Rights and the said provision is hereby declared null and void and struck down,” Damulak said.
Meanwhile, the judge also awarded aggravated damages of N5 million for the violation of Omolola’s fundamental right to freedom from discrimination, but refused her application to be reinstated into the police force.
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