Whether Regulations 126 and 127 of the Nigeria Police Regulations Are Inconsistent with Sections 37 and 42 of the 1999 Constitution

CASE TITLE:  INCORPORATED TRUSTEES NBA v. A.G. OF THE FEDERATION & ORS (2024) LPELR-62208(CA)

JUDGMENT DATE: 3RD MAY, 2024

PRACTICE AREA: CONSTITUTIONAL LAW

LEAD JUDGMENT: JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.

SUMMARY OF JUDGMENT: 

INTRODUCTION:

This appeal borders on the Constitutional validity of the provisions of Regulations 126 and 127 of the Nigeria Police Regulations made pursuant to the Police Act, Cap 19 Laws of the Federation of Nigeria, 2004.

FACTS:

This appeal is against the decision of the Federal High Court, Abuja Division, delivered on February 21, 2022, by EKWO, J.

The Appellant approached the trial Court via an originating summons filed on February 15, 2021, where it sought a determination of the following questions:

1. Whether the provisions of Regulation 127 of the Nigeria Police Regulations made pursuant to the Police Act, Cap 19 Laws of the Federation of Nigeria, 2004, to the extent that it 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 of Police” does not violently contravene the provisions of Sections 37 & 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore unconstitutional, null and void.
2. Whether the provisions of Regulation 126 of the Nigeria Police Regulations made pursuant to the Police Act, Cap 19 laws of the Federation of Nigeria, 2004, to the extent that it provides that “A married woman police officer who is pregnant may be granted maternity leave in accordance with the provisions of general orders” (and taking into consideration Regulation 127 of the Nigeria Police Regulations) does not violently contravene the provisions of Sections 37 & 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore unconstitutional, null and void.
3. Whether the provisions of Regulations 126 and 127 of the Nigeria Police Regulations made pursuant to Police Act, Cap 19 Laws of the Federation of Nigeria, 2004, are not violent contraventions of the provisions of Articles 2, 3, 5, 18, & 19 of the African Charter on Human and Peoples’ Rights (Ratifications and Enforcement) Act (Cap A9), LFN, 2004.

They then sought a declaration that the said regulations are inconsistent with the provisions of Sections 37 & 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 2, 3, 5, 18, & 19 of the African Charter on Human and Peoples’ Rights (Ratifications and Enforcement) Act (Cap A9), LFN, 2004.

The 1st Respondent joined issues with the Appellant via a counter-affidavit filed on March 23, 2021. After taking the arguments of counsel, the learned trial Judge delivered a judgment in which the Appellant’s action was dismissed for lacking merit. Dissatisfied, the Appellant appealed.

ISSUES FOR DETERMINATION:

The appeal was determined on the following issues:

“1. Whether the trial Court erred in law and occasioned a miscarriage of justice when it failed to make any pronouncement on the inconsistency of Regulations 126 and 127 of the Nigeria Police Regulations with the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the provisions of the African Charter on Human and People’s Right but held that Regulation 127 of the Nigeria Police Regulations cannot be invalidated as it is not in violation of the interest of public order or morality.

2. Whether the trial Court erred in law when it held that a grant of the reliefs of the Appellant will lower the moral and professional standard of the Force as the provisions of the Constitution of the Federal Republic of Nigeria do not provide any protection for pregnant unmarried police officers and the Appellant’s interpretation of the provisions of Section 42 of the Constitution of the Federal Republic of Nigeria is to promote absurdity or mislead the public.”

DECISION/HELD:

In conclusion, the appeal was allowed. Consequently, the decision of the trial Court was set aside.

RATIOS:

• CONSTITUTIONAL LAW- CONSTITUTIONAL VALIDITY OF LEGISLATION: Whether the provisions of Regulations 126 and 127 of the Nigeria Police Regulations made pursuant to the Police Act, Cap 19 Laws of the Federation of Nigeria, 2004 are inconsistent with the provisions of Sections 37 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

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