Ministry of Justice petition IGP, Commissioner in Ekiti



The Ekiti State Ministry of Justice has file a suit against the Inspector-General Police Ibrahim Adamu and the Ekiti State Commissioner of Police, Mr. Tunde Mobayo as well as the Police Service Commission in defense of the rights of the woman police officer Miss Olajide Omolola.

The International Federation of Women Lawyers (FIDA) Ekiti state chapter had written a petition to the state ministry of justice over what it called illegal sacking of the pregnant woman police.

In a Suit number (FHC/ AD/ CS/ 8/ 2021) filed in the Federal High Court, Ado-Ekiti Judicial Division by the ministry of Justice seeks a determination of several questions including whether by 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) as well as section 19 of the African Charter on Human and Peoples' Rights.

Other prayer of the ministry according to the suit are the provisions of Section 127 of Police Act and Regulation Cap. P19, Laws of the Federation of Nigeria, 2004 are not unconstitutional, null and void.

Similarly, in a statement signed by the Director Public Education, Media and Communications, office of the Attorney-General and Commissioner for Justice Ekiti State, Mr Olalekan Suliemen, said the action of the ministry to file the suit was due to petitions from FIDA and several other women rights groups in the state.

The Director explained that communication from the Nigeria Police Headquarters revealed that the woman police officer was discharged from the Nigeria Police in compliance with Section 127 of the Police Act and Regulations Cap. P19, Laws of the Federation of Nigeria, 2004.

He noted that section 127 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.

He explained that the " Attorney-General has decided to take the unprecedented action of filing a civil suit against the Inspector General of Police, the Commissioner of Police, Ekiti State"

"The Honourable Attorney-General by this suit is also seeking an order
nullifying Section 127 of the Police Act and Regulations as well as an 
order of perpetual injunction restraining the Inspector General of Police, Commissioner of Police, Ekiti State Command and the Police Service Commission from implementing the said provisions.

"The Honourable Attorney-General has  written to the Inspector General of Police offering the support of the Ministry of Justice, Ekiti State in conducting a gender audit of the Police Act and Regulations" 

"The Honourable Attorney-General and Commissioner for Justice, Ekiti State, Mr. Olawale Fapohunda, has reviewed the said Police  Regulations and found several provisions in violation of Sections 37 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) as well as several regional and international treaties to which Nigeria is a party including the African Charter on Human and Peoples' Rights"

"The Government of Ekiti State is committed to the eradication of all forms of discrimination against women in public and private life.  Government has 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"

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