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 of Nigeria, Lagos
State Area Unit.
The News Agency of Nigeria (NAN)
recalls that 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, 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.
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