Court fixes October 6 for judgement on Ekiti AG’s suit against IGP over dismissed pregnant policewoman

The Federal High Court sitting in Ado-Ekiti, the Ekiti State capital has fixed October 6, 2021, for judgement in the suit filed by the Attorney General and Commissioner for Justice in Ekiti, Olawale Fapohunda, against the Inspector General of Police over the dismissal of a pregnant policewoman.

The presiding judge, Justice Babs Kuewumi, on Thursday, announced the date after the Attorney General and the counsel to the defendants, Femi Falade adopted their written addresses.

The policewoman, Omolola Olajide, was dismissed in February this year from the force for being six months pregnant while still single and unofficially married.

Fapohunda, in the suit marked, FHC/AD/CS/8/2021 is seeking an order of the court to nullify Section 127 of the Police Act and Regulations, which provides for the discharge from the Police Force female officers who become pregnant while married unofficially.

Joined as co-defendants in the suit are the Ekiti State Commissioner of Police and the Police Service Commission (PSC).

Falade asked the court to dismiss the suit instituted by the Commissioner for Justice against the IGP on the premise that the AG lacked the locus standi to challenge the decision of the police to dismiss the officer, adding that ” the fact that the dismissed policewoman is from Ekiti does not coffer on the AG the standing to file the suit.”

Also, the IGP counsel said that the victim has filed a suit over her dismissal at the Industrial Court in Akure in February and that it would amount to an abuse of court processes to grant the prayers of the plaintiff in view of the one at the industrial court.

He cited the supreme court verdict on the suit by the Attorney General of Cross River State in 2018 over the dismissal of the former Chief Justice of Nigeria, Walter Onoghen, where the Apex court held that the AG lacked the requisite power to sue the federal government over the action on the former CJN that the dismissal was a personal decision.

According to him, ” My Lord, we ask the court to strike out or dismiss the plaintiff suit because it amounts to an abuse of court process and that the Attorney General is not in a position to file the suit.”

On his part, Fapohunda urged the court to discountenance the plea of the defendants and deliver its judgement in the interest of justice for the affected policewoman and other women in the police force.

He argued that the ministry of justice as created by the constitution is not only to prosecute criminals but defend the rights of the residents either citizens of the state or not and protect chapter four of the constitution.

He said, ” I understand this suit is novel, that an Attorney General will take this step but if you ask me, the role of the AG is largely misconceived. We are not simply about defending the government and prosecuting criminals.

“The Attorney General has an important role to defend citizens right and that is why we have the ministry of justice. Justice is not only for the government but also for the citizens. We will see if the court will listen to us.

“This is a clear case of constitution infraction and we are seeking to protect the chapter four, that is, the right not to discriminate, it is clear. It is not just about an individual but the right of women.

He prayed the court to grant all his relief in relation to the case so as to protect the sanctity of the constitution and afford more women to have the courage in joining the Nigeria police force.

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