By Davidson Duru Esq

Nigerians woke up on Wednesday, January 27, 2021 to news that the Nigeria Police Force had sacked an unmarried female corporal, Olajide Omolola, for getting pregnant. This information is contained in a police wireless message with reference number CJ:4161/EKS/IY/Vol.2/236, DTO:181330/01/2021
The signal originated from the Department of Finance and Administration in Ado Ekiti and was addressed to the Divisional Police Officer at Iye Ekiti where Omolola is based.

It was stated that Omolola completed police training on April 24, 2020 and was attached to Iye Ekiti. The Chief Financial Officer in Ekiti was asked to relay the information of her dismissal to the Integrated Personnel and Payroll Information System to ensure that payment of her salary seizes.

“She stands dismissed from the Force. De-kit her. Retrieve police documents in her possession with immediate effect. O/C CFO Ekiti only. You are to relay signal to IPPIS Abuja for the stoppage of her salary with immediate effect.
“DECOMPOLS (deputy commissioners of police)/ACPOLS (assistant commissioners of police)/HODs/DPOs Ekiti State only. You are to lecture women police. Treat as very urgent.”

What is the position of the law on the Above subject matter?

Section 46 of the repealed Police Act on the powers to make regulations for the Police read thus;


“The President may make regulations on the recommendation of – (a) the Nigeria Police Council with respect to the policy, organization and administration of the Force, including establishments and financial matters, other than pensions within the meaning of the Pensions Act.”


The above authority led to the enactment of the Nigerian Police Regulation, a subsidiary legislation.


The efficiency of a subsidiary legislation was pronounced on in OMATSEYE v. FRN, BEST NJOKU V CHIEF MIKE IHEANATU (2008) LPELR – 3871 (CA) thus:


“A subsidiary legislation or enactment is one that was subsequently made or enacted under and pursuant to the power conferred by the principal legislation or enactment. It derives its force or efficacy from the principal legislation to which it is therefore secondary and complimentary.” It is trite that subsidiary legislation generally has the force of law, (Note Section 18 (1) of the Interpretation Act,) and it derives its authority from the substantive legislation.” Per YARGATA BYENCHIT NIMPAR, JCA (Pp 19 – 20 Paras E – B)


Section 127 of the Nigerian Police Regulation under the repealed Police Act reads thus;


“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 old police Act, Police Act CAPB P19 LFN 2004, stands repealed by section 139 of the Police Act, 2020.


Now, does the repeal of an Act render any subsidiary legislation made pursuant to it, void? In this case, does the repeal of the old Police Act void the Nigerian Police Regulation?


To answer this, we need to look at Section 4 of the Interpretation Act which provides thus;

(2) Where an enactment is repealed and another enactment is substituted for it, then-

(a) the repealed enactment shall remain in force until the substituted enactment comes into force;

(b) any reference to the repealed enactment shall, after the substituted enactment comes into force, be construed as a reference to the substituted enactment;

(c) any subsidiary instrument in force by virtue of the repealed enactment shall, so far as the instrument is not inconsistent with the substituted enactment, continue in force as if made in pursuance of the substituted enactment.

It can be seen that the repeal of an Act does not affect any subsidiary legislation made pursuant to it, however the said Subsidiary legislation of the old Act must not be inconsistent with the New Act.

Section 135 of the Police Act 2020 (The new and current police Act) reads thus;

“The Police Force or other persons shall not, in the furtherance of its functions under this Act, regulations or Standing Orders made under this Act discriminate against any person on the basis of gender as provided under section 42 of the Constitution of the Federal Republic of Nigeria, 1999”

Given the above, it is evident that the Police Regulation (subsidiary of the old police Act) is inconsistent with the new police Act and as such is voided along with whatever archaic and prejudicial provision it contains.

There is no rational justification for the imposition of these discriminatory provisions, since they do not in any manner promote the efficiency or discipline of the female police officer or the police force. Women occupy very senior roles in the Police and have shown themselves to be just as competent and disciplined as their male counterparts. Since a male police officer is not subjected to the same inhibitions, the regulations are inconsistent with the New Police Act, 2020, section 42 of the Constitution and Article 2 of the African Charter on Human and Peoples’ Rights which have prohibited discrimination on the basis of sex and thus, the regulation as well as the action should be done away with.

https://legalspectacle.com/is-a-policewoman-allowed-to-get-pregnant-while-in-service/