Victory For Police Women As Court Nullifies Marriage Permit From CP
“A woman Police Officer who is desirous of marrying must first apply in writing to the Commissioner of Police for the State Command in which she is serving, requesting permission to marry and giving name, address and occupation of the person she intends to marry.”
“Permission will be granted for the marriage if the intended husband is of good character and the woman Police officer has served in the force for a period of not less than three years.”
Funmi Femi-Falana, Executive Director of WELA, argued that it was illegal to ban a woman Police officer for three years before entering into a marriage, and that seeking permission of a Police Commissioner is an infraction of her fundamental right to dignity and freedom of choice.
She further contended that since a male Police officer is not subjected to the same inhibitions, Regulation 124 is inconsistent with 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.
Responding to Falana’s argument, the Attorney-General of the Federation, through his Counsel, B.R. Ashiru, maintained that Regulation 124 is designed to protect women Police officers from falling into the hands of criminals.
It was his submission that the purpose of the law is to prevent women Police officers from marrying men of bad character.
He also defended the 3-year ban on the ground that it is meant to ensure that a woman Police officer is not pregnant “during the rigorous training she must undergo after her employment”.
The Judge held that Regulation 124 was illegal, null and void due to its inconsistency with Section 42 of the Constitution.
Having declared it unconstitutional the judge proceeded to annul Regulation 124 by virtue of Section 1(3) of the Constitution.
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