Following the ban of hijab in public schools, two 12-year old girls of the Muslim Students Society of Nigeria filed a suit on May 27, 2013. They wanted the court to declare the ban as a violation of their rights to freedom of thought, religion and education.
Justice Modupe Onyeabor at the Ikeja High Court has however dismissed the suit and upheld the ban in hijab on public schools.
Here is an excerpt from the report by NAN;
In her judgment, Ms. 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.
Ms. 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, Lawal Pedro, a Senior Advocate of Nigeria, 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”, Ms. Onyeabor said.
Reacting to the judgment, the plaintiffs’ counsel, Gani Adetola-Kazeem, said 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.