Olajide Omolola, an unmarried female police corporal attached to Iye-Ekiti station, was sacked for getting pregnant.

Babatunde Mobayo, the state commissioner of police, had justified Olajide’s sack, saying the policewoman contravened section 127 of the police regulation which recommends punitive measures.

Section 127 of the police act and regulations 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”.

Fapohunda, in the suit filed at the federal high court, Ado Ekiti, is seeking “an order of court declaring Section 127 of the Police Act and Regulations which provides for the discharge from the Police Force, women police officers who become pregnant while unmarried unconstitutional”.

The Ekiti state commissioner of police and the police service commission are joined as co-defendants in the suit, according to a statement by Olalekan Suleman, special assistant to the state AG on media.

“The suit is asking the court to determine among others: whether the provisions of Section 127 of Police Act and Regulations are not in violation of 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 and therefore unconstitutional, null and void,” the statement read.

“An order nullifying Section 127 of Police Act and Regulations as well as an order of perpetual injunction restraining the Inspector General of Police, the Ekiti State Commissioner of Police and the Police Service Commission from implementing the said provisions.”

It added that the attorney-general has also written to the IGP, offering the support of the state ministry of justice in conducting a gender audit of the police act and regulations.

“The AG reiterated Ekiti State Government’s commitment to the eradication of all forms of discrimination against women in public and private life and as such had 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,” it added.

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Omolola, attached to Iye-Ekiti police station in Ilejemeje local government area of Ekiti, was dismissed for getting pregnant barely a year after graduating from police academy.

Addressing journalists in Ado-Ekiti on Thursday, Babatunde Mobayo, the state commissioner of police, said Olajide contravened section 127 of the police regulation which recommends punitive measures against anyone who contravened it.

According to him, the rules and regulation stated that a policewoman must undergo post-training experience on the field for, at least, two years before marriage and three years before childbearing.

“In police organisation, we have rules and regulations, which are being carried out within the ambit of the constitution,” Mobayo said.

“Police officers are not even allowed to keep their children, who are above 18 years of age, in the barracks. We were all taught some of these laws in police colleges before we graduated.

“The laws are there. Some even stipulate the number of years you must spend before you get married. If you are in Police College, you are not supposed to get pregnant.

“Even after you have passed out from the college, you still need some basic training, and for your attention not to be distracted, you must spend certain period before you get married, for you to be able to perform efficiently.

“The lady in question passed out in May 2020, which was eight months ago and now, she is six months pregnant.

“The Police Act, 2020, which is currently undergoing amendment in the senate, has not repealed that. So she has contravened section 127.”

Mobayo also quoted Section 126 of the regulation as stating that any married woman police who was pregnant might be granted maternity leave.

“Whereas, section 127 says an unmarried policewoman, who becomes pregnant, shall be discharged from the Force and shall not be enlisted, except with the approval of the inspector-general of police (IGP),” he explained.

“The argument of some people that her fundamental human rights had been trampled upon; that women should not be discriminated against and that the law had been repealed, are not true. The regulation is still in place.”

The police commissioner said he was once a commandant in a police college before heading a command and that he handled several similar cases where the victims were dismissed.

“I felt for the lady, even though I have never seen 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 that we took, but the IGP can still reverse whatever we might have done on the field.

“About 300 policewomen were graduated here last year. How will the public feel if they see all of them getting pregnant in less than a year?

“It will certainly appear ridiculous. And, 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 personnel.

“Police constables are not under-aged. So they should be able to know what to do not to get pregnant within the time prohibited by the police rules and regulation.”

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