Obnoxious relic

  Editorial 

WE commend the senate for initiating a bill to abrogate the provisions of the Police Act, which is discriminatory and obnoxious against the female gender.

The bill is known as the Police Act Amendment Bill, 2019, and has scaled the second reading in the senate. In his comment, the Senate President, Ahmed Lawan, referred the bill to the Senate Committee on Police Affairs, charging the members to turn in their report in four weeks.

The bill seeks to expunge the provisions of regulations 122, 123, 124 and 127 from the Police Act, and was sponsored by Senator Ezenwa Onyewuchi (PDP, Imo East). According to the senator, the bill will eliminate gender-discriminatory provisions in the Police Act, and make it conform with the provisions of the 1999 constitution, (as amended), which section 42 prohibits discrimination against a citizen of Nigeria.

It is encouraging that the bill received overwhelming bi-partisan support.

We wonder how the unconstitutional provisions survived the past 20 years of our democracy, and urge that they be struck down immediately.

Regulation 122 restricts female police officers in the General Duties Branch of the Nigeria Police to telephone, clerical and office orderly duties; while regulation 123 restricts female officers from drilling under arms.

Furthermore, regulation 124 mandates female police officers who want to marry to seek permission from the commissioner of police where she is serving, and must submit the name, address and occupation of the person she intends to marry, for investigation.

Also a female police single at enlistment must spend three years in service, before applying for permission to marry.

Regulation 127 is even more obnoxious. 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.

These are clearly antiquated provisions which have no place in an egalitarian society, and should be dispensed with immediately.

We agree with Senator Eyinnaya Abaribe that “it is very strange to find such provisions in the Police Act, which is discriminatory in the sense that the male counterparts don’t have the same restriction.”

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Clearly the constitution forbids such discrimination. Section 42(1) provides: “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person – (a) be subjected either expressly by, or in the practical application of any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions are not made subject….”

The above provision of the constitution is clear and unequivocal and any law or regulation inconsistent with the provision would be declared as null and void, by a court of competent jurisdiction.

While the courts could bring grief to the regulations, the proposed law would permanently put the regulations to death.

According to media report, senators who spoke in support of the bill include Senators Stella Oduah, Smart Adeyemi, Istifanus Gyang, among others.

We agree with the observation of Senator Gyang that: “It is a fact that women’s rights such as protection from sexual harassment, right to vote and be voted for, right to hold public office are today a reality.

The quest for gender equality and equity in our clime will be further strengthened by the passage of this bill.” Nigerians should be appalled that such discriminatory law is in force in our country.

We therefore urge the National Assembly to quickly repeal that obnoxious relic.