17th October, 2014
Henry Ojelu
A Lagos High Court sitting in Ikeja, western Nigeria, on Friday upheld the ban by the Lagos State Government on wearing of the Muslim headscarf popularly known as hijab by Muslim students in primary and secondary public schools in the state.
The Muslim Students of Nigeria, Lagos State Area Unit, MSSN-LSAU, had taken the Lagos State Government to court over the ban on the ground that it breached their fundamental human rights as Muslims.
The students group through their lawyer, Chief Adetola Kassim, had sought protection for Muslim students from being flogged, embarrassed and victimised for using hijab within and outside school premises.
The Lagos State Government in responding to the suit, insisted that hijab can only be used during special occasions such as religious classes and prayers among others.
Delivering judgment on the matter, Justice Grace Modupe Onyeabo upheld the ban.
The judge said the ban was not discriminatory and did not breach Sections 38 and 42 of the 1999 Constitution as claimed by the plaintiffs.
According to her, Section 10 of the Constitution makes Nigeria a secular state and the government must strive to preserve that secular nature.
She said public schools were owned and funded by government who therefore had the responsibility of issuing guidelines and dress codes for students.
The judge said the uniformity sought by the government in the issuance of the dress code would be destroyed should the prayers of the plaintiffs be granted.
She said: “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.”
During the course of the trial, MSSN-LSAU had alleged that some of their students were already being victimised by some teachers in public schools.
In one of the instances stated by MSSN-LSAU, an 11-year-old student of Kadara Junior High School, Ebute Metta, Aisha Alabi, was on 5 February, 2013, given 43 strokes of the cane on the assembly ground by her principal, Mrs. E.C. Ukpaka, for not removing her hijab after coming out of an Islamic Religious Knowledge class, where students are permitted to wear hijab.
The group further alleged that on 20 February, 2013, Bareerah Tajudeen of Mafoluku Senior Grammar School, Oshodi similarly claimed that her hijab was removed and trampled upon by her principal, Mrs. Elizabeth Omidele, outside the school premises.
Chief Adetola in a 24- paragraph counter affidavit, claimed that “The headscarf is fundamental right as fully established in the Constitution of the Federal Republic of Nigeria. We are not demanding for a full lent hijab, we have exhibited a photograph of a sample of hijab, which still represents their school identity.
“The colour of the hijab can conform to the school uniform. All we want is for the students to be allowed to use hijab. If beret and caps are allowed for female students, hijab shouldn’t be an exception.”
Chief Adetola said he will appeal 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’s 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.”