Court Upholds Ban On Use Of Hijab In Lagos Public Schools

An Ikeja High Court on Friday 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 Society 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, 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.
(NAN)