Nigeria: a decision on discrimination in the workplace

On 11 January 2023, the National Industrial Court of Nigeria ("NICN") repealed a discriminatory law, thus demonstrating the attention and commitment to achieving gender equity.
In the case Omolola Olajide v. The Nigerian Police Force & 2 others (unreported Suit No: NICN/AK/14/2021), the Court stated the unlawfulness of a dismissal of an unmarried pregnant woman because it was based on a law that the Court annulled as discriminatory.

The case was the following: a claimant was offered an appointment by the 1st and 3rd Defendant as a Constable on 28/10/2019 and passed out of the Police Training School on 24/04/2020. While in the service, she was said to become pregnant though still unmarried; she was dismissed based on regulation 127 of the Police Act, which forbids an unmarried woman police officer from getting pregnant.

The claimant challenged her dismissal on the ground that Regulation 127 of the Police Act, which is against women police officers getting pregnant before marriage but does not apply to male police officers impregnating women before marriage, is discriminatory.

The Court stated that the Police Act violates section 42 of the Constitution and article 2 of the African Charter on Human and Peoples Rights Ratification and Enforcement Act, which abolished discrimination based on gender.

Therefore, annulled Section 127 of the Police Act, Chapter P19, Laws of the Federation of Nigeria, 2004, and Regulation 127 of the Nigeria Police Regulations, as discriminatory against unmarried policewomen, as this regulation only applies to women and, on the contrary, cannot be applied to unmarried policemen who impregnate women.

The Court awarded aggravated damages of Nara 5 million for violating Ms Olajide's fundamental right to freedom from discrimination.

As for her dismissal, her request for reinstatement was rejected because she was on probation with the Nigerian police force at the time of her dismissal.

Having nullified section 127 of the Police Act and regulation 127 thereof, it follows that the claimant's dismissal was wrongful.

The decision is crucial as it confirms the increasing centrality of issues of discrimination and gender equality in the workplace in Nigeria.

Centrality was also confirmed by previous decisions, including the case of Women Enlightenment and Legal Aid v Attorney-General of the Federation (unreported Suit No: FHC/ABJ/CS/178/2021), in which the Federal High Court annulled the police regulation that prohibited female recruits from entering into any form of marriage for three years.