A panel constituted by the
Court of Appeal sitting in
Lagos today, in a unanimous
decision, has set aside the
judgment of a Lagos High
Court banning students in
public primary and secondary
schools in Lagos State from
putting on the hijab with their
school uniforms.
The panel of the court
presided over by Justice A.B.
Gumel in the judgement held
that the appeal is meritorious
therefore same allowed. In
his lead judgement, Justice
Gumel held that the use of
hijab is an Islamic injunction
and also an act of worship
hence it will constitute a
violation of the appellants'
rights to stop them from
wearing hijab in public
schools.
Resolving all the five issues
raised in favour of the
appellants, the appellate
court held that the lower
court erred in law when it
held that the ban on wearing
the hijab is a policy of the
Lagos State Government (the
respondent). The court noted
that no circular was
presented before the lower
court to show that it was a
policy of Lagos State adding
that "he who asserts must
prove."
The court further held that if
there was a policy, such
policy ought to have
emanated from the State
House of Assembly and not
the executive arm of
government. Consequently,
the court declared that the
fundamental human rights of
female Muslim students as
enshrined in section 38 (1) of
the 1999 constitution was
violated by the respondent.
The court dismissed the
argument of Lagos State that
it made an exception by
allowing female Muslim
students to wear hijab
during prayers.
Other Justices in the five-
man panel set are Justice M.
Fasanmi, Justice A. Jauro,
Justice J.S. Ikyegh and
Justice I. Jombo Ofor.
It would be recalled that
Justice Modupe Onyeabor of
a Lagos High Court sitting at
Ikeja had on October 17,
2014, dismissed the suit
instituted against the Lagos
State Government by two 12-
year-old girls under the
aegis of the Muslim Student
Society of Nigeria, Lagos
State Area Unit. Dissatisfied,
appeal against the
judgement,the appellants
urged the appellate court to
set aside the judgement and
protect their constitutional
rights.
The Lagos government had
banned the wearing of the
hijab, arguing 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
declared 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
then 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 observed that the
uniformity sought by the
government in the issuance
of dress code would be
destroyed should the prayer
of the plaintiff be granted.
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