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Court Upholds Ban On Use Of Hijab In Lagos Public Schools - Politics - Nairaland

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Court Upholds Ban On Use Of Hijab In Lagos Public Schools by oluwadanie1(m): 4:41pm On Oct 17, 2014
http://acadablog.com/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 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, Mr 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.
Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by Proffdada: 4:53pm On Oct 17, 2014
oluwadanie1:
http://acadablog.com/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 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, Mr 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.
nice move
Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by jeffizy(m): 5:06pm On Oct 17, 2014
Of course. It is a religious apparel and as such should be worn in a religious settings or at the wearer's private surrounding.

1 Like

Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by FunnyPikincom(m): 5:16pm On Oct 17, 2014
jeffizy:
Of course. It is a religious apparel and as such should be worn in a religious settings or at the wearer's private surrounding.
The last time i checked the Picture of Virgin Mary, She was wearing a Brazillian Hair undecided Nigerian Christians & Hypocrisy sha undecided
Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by russello: 5:36pm On Oct 17, 2014
FunnyPikincom:

The last time i checked the Picture of Virgin Mary, She was wearing a Brazillian Hair undecided Nigerian Christians & Hypocrisy sha undecided

The last time I check the Virgin Mary was not inside any government classroom.

Btw, do you by any chance know the name of the camera man (or his photo studio) who took the photo shot of your imaginary Virgin Mary

"If your concept of God is wrong, the more religious you get, the more dangerous you become to yourself and everyone else" - William Temple

4 Likes

Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by Nobody: 5:49pm On Oct 17, 2014
nice judgement
Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by VICTORCIZA(m): 6:50pm On Oct 17, 2014
nice news!
No To Islamization Of Nigeria!!!
Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by LadyExcellency: 7:11pm On Oct 17, 2014
But in all honesty Hijad is a fashion in its class except the anonymity.

Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by akoaki(m): 8:41pm On Oct 17, 2014
This judgement is welcome. Lagos state judiciary has relative stability and independence.
Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by blexxonmak(m): 9:16pm On Oct 17, 2014
Nice one there.Time to drive masquerades out of our public schools.
Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by EmmanuelDon7(m): 9:24pm On Oct 17, 2014
Dat ll b gud 2 differentiate bw men n women, criminals n d innocence.
Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by cooljude(m): 11:48pm On Oct 17, 2014
It is a nice decision by the Judge.
Re: Court Upholds Ban On Use Of Hijab In Lagos Public Schools by asandigbo(f): 2:33am On Oct 18, 2014
pls anybody that wants to become a classroom ojuju, should go to an ojuju school or better still an Arabic school,they have the same ideology.

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