‘Reinstate dismissed pregnant police woman or face legal action’ - CSO tells outgoing IGP

Following the dismissal of Corporal Omotola from the police force because she got pregnant out of wedlock, the Women Empowerment and Legal Aid (WELA) has urged the outgoing Inspector General of Police, Mohammed Adamu, to reverse the decision.

The request was made by Chairperson of WELA, Mrs Funmi Falana in a letter titled “Request To Recall Dismissed Pregnant Police Officer” dated January 28, 2021 sent to the IGP in Abuja.

The group said it would challenge the dismissal of Mrs. Omotola at the National Industrial Court of Nigeria (NICN) and pray for the annulment of Regulation 127 made pursuant to the Police Act, 2020 if the police authority fails to reinstate her as at January 31, the Nations reports.

It also described the dismissal of Corporal Omotola as discriminatory.

Omotola’s dismissal letter with the reference number CJ:4161/EKS/IY/Vol.2/236, DTO:181330/01/2021 read: “Section 127 of the Police Act and Regulation against women police getting pregnant before marriage W/PC (woman corporal) Olajide Omolola passed out of Police Training School on 24/04/2020 attached to yours contravened above provisions.”

But Mrs. Falana contended that Section 127 of the Police Regulation which discriminates against policewomen is illegal and unconstitutional.

The letter to the IGP stated in part: “The Women Empowerment and Legal Aid (WELA) has confirmed that by a Wireless Message with Reference No CJ/4161/EKS/IY/Vol.2/236, DTO:181330/01/2021 Corporal Omotola of the Ekiti State Police Command was dismissed for getting pregnant while she is not married.

“In justifying the discriminatory treatment meted out to Miss Omotola the Ekiti State Police Public Relations Officer, Mr. Sunday Abutu said that “It was Police Act Section 124 that was repealed by the Court, not Section 127. Section 127 still stands. Section 124 talks about woman taking permission from the Commissioner before getting married. Section 127 says any Police officer who is unmarried and eventually gets pregnant shall be disengaged from the force. It is in the Police Act and Regulation. It is a regimented organisation and we have our rules and regulations which everyone must comply with.”

“Since the views expressed by Mr. Abutu represent the official position of the Nigeria Police Force, it is pertinent to refer the Police Authorities to the case of Women Empowerment and Legal Aid v. Attorney-General of the Federation (2015) 1 NHRLR 39 at 57 where the Federal High Court Per Adah J. (as he then was) held as follows:

“…The most fundamental issue is if this is the policy laid down for the police, does it apply to the men folk. It is not. So it is only issued to women police officers because of their gender as women and this is very much unconstitutional.

“Under Section 5(3) of the Police Act 2020, the Nigeria Police Force is charged with the responsibility of promoting and protecting the fundamental rights of all persons as guaranteed under the African Charter on Human and Peoples’ Rights  (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004

“In view of the foregoing, you will agree with us that Section 127 of the Police Regulation which discriminates against policewomen is illegal and unconstitutional. In other words, since policemen who impregnate women before marriage are allowed to remain in the Nigeria Police Force. It is discriminatory and unjust to dismiss a policewoman for getting pregnant before marriage.

“Finally, as it is indisputable that Corporal Omotola is entitled to freedom from discrimination guaranteed by Section 42 of the Constitution and Article 2 of the African Charter on Human and Peoples’ Rights we request you to use your good offices to order her reinstatement not later than January 31, 2021.

“Take notice that if our request is not granted, we shall challenge the dismissal of Mrs. Omotola at the National Industrial Court and pray for the annulment of Regulation 127 made pursuant to the Police Act, 2020.”