The Ekiti State Government says it will appeal the ruling of the Federal High Court in Ado Ekiti which struck out the suit seeking nullification of Section 127 of the Police Act on the ground of abuse of court process.
This is contained in a statement signed by the state Attorney General and Commissioner of Justice, Mr. Olawale Fapounda and made available to newsmen on Tuesday in Ado Ekiti.
The Ekiti State Government instituted the action following the dismissal of Corporal, Olajide Omolola, an indigene of Ekiti State, for getting pregnant before marriage.
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“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 its 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 police filed 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 was 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 decided to appeal the matter, Fapohunda said.
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