Ban On Hijab: Appeal Court Delivers Judgment On MSSN Appeal Against Lagos On Thursday

Ban On Hijab: Appeal Court Delivers Judgment On MSSN Appeal Against Lagos On Thursday 

The Lagos Division of the Court of Appeal will on Thursday (tomorrow) deliver judgement on an appeal filed by some muslim students against the judgment of the state high court, which upheld the ban on the wearing of Hijab (Muslim head scarf) in public primary and secondary schools in the state.

The date was communicated to parties in the case by the appellate court through a hearing notice served on them yesterday.

Justice Grace Onyeabo had in a judgment delivered on October 17, 2014 held that the the restriction placed on the use of the Hijab in primary and secondary public schools in the state is not discriminatory and did not breach Sections 38 and 42 of the 1999 Constitution as claimed by the students.  

The Registered Trustees of the Muslim Society of Nigeria (MSSN) had dragged the Lagos state government to court over the restriction of the use of the Hijab on or outside the premises of any educational institution in the state, on the ground that it violates their fundamental human rights, is wrongful and unconstitutional . 

The MSSN had filed the case against the State Government along with two pupils, who were then 12 year old, Miss Asiyat Abdulkareem and Miss Maryam Oyeniyi, students of Atunrashe Junior High School, Surulere, Lagos State.

They were joined in the suit as claimants through their fathers – Alhaji Owolabi Abdulkareem and Suleiman Oyeniyi.

The defendants in the suit are the Lagos State Attorney-General and Commissioner for Justice, and Commissioner for Education and Commissioner for Home Affairs and Culture.

The special panel of the Court of Appeal set up by the President of the Court, Justice Zainab Bulkachuwa to hear the case had on May 27 reserved its judgement on the matter.

During the panel hearing, the presiding Justice, A.B. Gumel, had asked parties involved in the case to update their defence documents.

Other Justices in the five-man panel are: Justice M. Fasanmi, Justice A. Jauro, Justice J.S. Ikejegh and Justice I. Jombo Ofor.

Justice Amina Augie had on May 3 ruled that granting Muslim students the right to wear Hijab in Lagos State schools needed constitutional interpretation.

Justice Augie therefore asked the appellants to write the President of the Appeal Court to set up a full court (of five justices) to hear the case.

It will be recalled that the government had banned the use of Hijab on the argument that it was not part of the approved school uniform for pupils.

Not happy with the ban, the students filed the suit on May 27, 2013, seeking redress and asked the court to declare the ban as a violation of their rights to freedom of thought, religion and education.

In her judgment, Onyeabor held that the prohibition of the wearing of Hijab over school uniforms within and outside the premises of public schools was not discriminatory.

According to her, the ban does not violate sections 38 and 42 of the 1999 Constitution as claimed by the plaintiffs.

The judge said Section 10 of the Constitution made Nigeria a secular state and that government must maintain neutrality at all times.

Onyeabor said the government therefore had a duty to preserve the secular nature of the institutions concerned as argued by the Lagos State Solicitor-General, Mr Lawal Pedro (SAN).

She noted that since the public schools were being funded by the government, it was therefore competent to issue dress codes and other guidelines to the students.

According to her, the use of uniforms engenders uniformity and encourages students to pursue their mutual academic aspirations without recourse to religious or any other affiliations.

The judge observed that the uniformity sought by the government in the issuance of the dress code would be destroyed, should the prayers of the plaintiffs