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Police Act: Ekiti govt to appeal court ruling striking out suit seeking nullification of section 127

Posted by on October 12, 2021 0

Ekiti State Government has made known its intention to appeal the ruling of the Federal High Court sitting in Ado Ekiti striking out the suit seeking for the nullification of Section 127 of the Police Act on the ground of Abuse of Court Process.

DAILY POST recalls that Ekiti State Government had instituted the action following the dismissal of a police woman, an indigene of Ekiti State for getting pregnant before marriage.

A statement signed by the state Attorney General and Commissioner of Justice, Mr. Olawale Fapounda on Tuesday in Ado Ekiti, said the state government will appeal the ruling of the Federal High Court, which struck out the suit.

The statement reads, “The suit prayed the Honourable Court to nullify the provisions of Section 127 of the Police Act and Regulation Cap. P19, Laws of the Federation of Nigeria, 2004 for it’s inconsistency with the tenets of Articles 2, 3, 5, 15, 18(3) and 19 of African Charter on Human and Peoples Rights and Sections 37 and 42 of the Constitution of the Federal Republic of Nigeria, 1999(As amended).

“Upon the service of the processes on the Respondents, the Respondents greeted the court with a preliminary objection challenging the jurisdiction of the court to entertain the suit on the grounds that the Applicant has no locus standi to institute the action and that the suit is an abuse of court processes.

“The Applicant/Respondents subsequently filed Counter Affidavit to the objection.

“Delivering the ruling, the court though agreed that the Applicant/Respondent has locus standi to institute the action but held the suit to be an abuse of court processes since another suit on the subject matter had been filed at the National Industrial Court. It is on the ground of the above that the Government of Ekiti State decides to appeal the matter.”

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