The Attorney-General of Ekiti state, Mr Olawale Fapohunda has sued the Inspector General of Police, IGP, for a court to declare Section 127 of the Police Act and Regulations as unconstitutional.
Section 127 of the Police Act and Regulations, states 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 Attorney General joined the Ekiti State Commissioner of Police and the Police Service Commission as co-defendants.
In the suit No. FHC/ AD/ C8/ 8/ 2021, filed at the Federal High Court, Ado Ekiti, Mr Fapohunda 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 suit also seeks 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 bringing forth such regulation.
The Nigeria Police, recently relied on Section 127 of the Police Act and Regulations, and dismissed an unmarried but pregnant policewoman from service. She is an indigene of Ekiti state.
