An Ikeja High Court today Friday October 17th
upheld the ban on the wearing of Hijab (Muslim
head scarf) in public primary and secondary
schools in Lagos state.
Justice Modupe Onyeabor dismissed the suit
instituted against the Lagos State Government by
two 12-year-old girls under the aegis of the
Muslim Students of Nigeria, Lagos State Area
Unit.
The government had banned the use of Hijab on
the argument that it was not part of the approved
school uniform for pupils.
Following 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, however, observed that the uniformity
sought by the government in the issuance of the
dress code would be destroyed, should the
prayers of the plaintiffs be granted.
“The non-Hijab wearing students will feel inferior
to those who are putting on Hijab.
“
The values of plurality and the respect for the
rights of others who have subscribed to a non-
faith based educational system cannot be
breached.
“In that effect, the issue is resolved in favour of
the respondents and the suit is accordingly
dismissed,’’ Onyeabor said.
Reacting to the judgment, the plaintiffs’ counsel,
Chief Gani Adetola-Kazeem, told NAN that his
clients would file an appeal against the judgment.
“Well the court has spoken but there are still very
many issues to be considered which invariably
means that we will appeal the judgment."
“We are simply not satisfied with the court
decision."
"The angle through which the court has looked at
the issue is quite at variance with the provisions
of the constitution. We will definitely appeal,” he
said.
Source: NAN
