An Ikeja High Court on Friday uphold 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-Gener
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,
“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: News Agency of Nigeria
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