A law graduate or lawyer that cannot defend his or her own basic rights as contained in the constitution does not deserve to be called a legal practitioner. Why because, such person is not fit to defend the right of others. You can’t defend the right of others if you can’t defend your own rights.


A law graduate or lawyer that cannot defend his or her own basic rights as contained in the constitution does not deserve to be called a legal practitioner. Why because, such person is not fit to defend the right of others. You can’t defend the right of others if you can’t defend your own rights.

This is why I have always maintained that there are very few lawyers in Nigeria who deserve to be called legal practitioners, what we have are businessmen and women who trade in the legal profession. If not, the abusive system in the Nigerian Law School could not have been tolerated for this long without much resistance. It appeared lawyers are now trained to be docile, so they could not defend human rights, but to wear wigs and collect certificates.

For the Nigerian law school, which has become notorious in flagrant violation of basic rights of many Nigerians, including female Muslim students who have been consistently denied their right to decent dressing as prescribed by their constitutionally guaranteed right to religion, the time for change is now.

To change an unjust system, there must be at least one disobedient person who is very much aware of the unjust system and purposefully decides to disobey it, with the intention of causing change and permanent restructuring. This is exactly what has happened during the recently conducted call to bar by the Nigerian Law School.

A Muslim lady, Amasa A Firdaus who graduated from University of Ilorin and Nigerian Law School, Abuja campus was barred from entering the International Conference Center (ICC) for the call to the bar program because she refused to remove her decently worn hijab in defiance to the repugnant tradition of the law school, which bans the use of hijabs by female Muslim students.

Firdaus is not the only victim of this violation of basic rights, thousands of female Muslims have continued to suffer similar abuse over the years.

Few days before the unfortunate incident at the call to bar event in Abuja, some young people had taken to the social media to launch a campaign to call for change in the law school discriminatory practice against female Muslims. It appeared Firdaus, a female law graduate, who was the Ameera of Muslim Students Society (MSS) at University of Ilorin resolved to take up the challenge to fight for all victims, as she also presides as the Ameera of Nigerian female Muslim lawyers at the law school.

While I understand that rule 36 (a) of the Rules of Professional Conduct in the Legal Profession Revised (2007) expressly decries the "wearing of apparel and ornament" that draws attention to a legal practitioner appearing before a judge, the hijab doesn’t fall into such apparel ornament that can be decried upon, because it is a constitutional right that no bye-law can suppress on a permanent basis.

It has been established that the constitution is a ground norm and by section 1(1) & (3) thereof, it is Supreme and binding on all authorities and persons in Nigeria and as well above the ordinary laws of the land. Since the constitution recognizes ones right to manifest one's religion and belief in practice and observance, a female Muslim, being a Nigerian too, has the right to wear her veil anywhere, anytime.

“The Constitution of Nigeria is the basic norm from which all the other laws of the society derive their validity. Any other law that is in conflict with the provision of the Constitution must give way or abate." This is the position of the law court in the case of PDP V CPC (2011) 17 NWLR (pt 1277) 485 at 511.

Besides the above, there are numerous court judgments from the Appeal Court and even Supreme Court that has maintained that the use of the hijab by female Muslims is a right that cannot be denied because the veil is part and parcel of religious practice of a female Muslim if she chooses to wear it.

The Court of Appeal Ilorin Division in the case of *PROVOST, KWARA STATE COLLEGE OF EDUCATION, ILORIN & 2 ORS VS BASHIRAT SALIU & 2 ORS

Appeal No CA/IL/49/2006, delivered on the 18th day of June 2009 held that:“The use of veil by the respondents, therefore, qualifies as a fundamental right under Section 38 (1) of the Constitution."

In another court of Appeal judgment in Massoud Abdul Rahman Oredola, JCA, it was held that; “The right of the Respondents to wear their hijab, veil within the school campus and INDEED ANYWHERE else is adequately protected under our laws.

I therefore hold the views that, the only reason why such archaic rule still existed in the Nigerian law school is because nobody has been courageous enough to challenge it like Firdaus has now done and all well-meaning Nigerians must rise up to defend our law and not their personal sentiments.

It is important to note that, if the law school can make rules to deny people their right under the guise of the profession, then to what use is the constitution? That means every profession can then proceed to make unjust laws and claim it is to protect a professional ethics. We must not allow this to continue.

I am also aware that religious right is not absolute. The right is subject to section 45 of the constitution which gives the government the right to disregard citizen's right to religion in the interest of defense, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom of other persons. But the practice in the Nigerian law school doesn’t fall into any of these categories.

While some people might want to argue that it falls into the public order category, but they have to explain how exercising a right to wear hijab impedes public order. And even if it is for public order for the purpose of defense, such ban cannot be permanent; it can only last for some time.

The Supreme Court decision in M.D.P.D.T. v. Okonkwo (2001) 6 NWLR (Pt.710), explained that, for the purpose of public interest, such right would be held in abeyance.

In view of the above, the Nigerian Law School must begin the process of changing all of its rules that are inconsistent with the Nigerian constitution. This is the only way to guarantee peace and teach law.

Source: http://www.hotproforum.com/post1207.html#p1207

Oga you can't Bring Religion into matters like this....

bubulistic:
Oga you can't Bring Religion into matters like this....

Some Nigerians are very gullible. Just to remove the hijab before entering the bar is what is killing you people? Wat if they asked her to bring her family to confirm if they are not terrorist what will people say.lol Nigerians

this is buhari's daughter inducted into law school

www.nairaland.com/attachments/6416821_halimabuharocalledtobar14_png5f327f9ce5984b001dd6b2b26be2e347

www.nairaland.com/attachments/6416822_halimabuharocalledtobar_jpeg8007138b0b740b085027a755e5507b3e

www.nairaland.com/attachments/6416823_20171216024325_jpeg_jpeg62e9ca5b88a7b63126bd5ddf32a812f0

fellowman:
this is buhari's daughter inducted into law school

www.nairaland.com/attachments/6416821_halimabuharocalledtobar14_png5f327f9ce5984b001dd6b2b26be2e347

www.nairaland.com/attachments/6416822_halimabuharocalledtobar_jpeg8007138b0b740b085027a755e5507b3e

www.nairaland.com/attachments/6416823_20171216024325_jpeg_jpeg62e9ca5b88a7b63126bd5ddf32a812f0

Buhari and his daughter are not role models for Muslims. Every person has a right to the way he/she dresses.

alexmaye:
Some Nigerians are very gullible. Just to remove the hijab before entering the bar is what is killing you people? Wat if they asked her to bring her family to confirm if they are not terrorist what will people say.lol Nigerians

Your comment is as gullible as it looks. So who is gullible?

IbnIbrahim:

Buhari and his daughter are not role models for Muslims. Every person has a right to the way he/she dresses.

so the rich Muslims are not role models for poor Muslims?

so the daughter of one of the top ten influential muslims in the world is not a role model to Muslims?

first how does removing a hijab makes you less a Muslim?

I've seen influential muslims and their children, they do not behave like you, and I'm sure you're among the poor Muslims.

fellowman:


so the rich Muslims are not role models for poor Muslims?

so the daughter of one of the top ten influential muslims in the world is not a role model to Muslims?

first how does removing a hijab makes you less a Muslim?

I've seen influential muslims and their children, they do not behave like you, and I'm sure you're among the poor Muslims.

Your comment shows your naivety and poverty of idea. In this age and time, you choose to model your life because someone is richer than you. Sorry, in Islaam we follow Allaah and His prophet not individuals no matter how highly placed. As to whether I am poor, I am laughing in Chinese

In view of the security challenges Nigeria is facing,there is nothing wrong if she was asked to removed the cover up.

IbnIbrahim:


Your comment shows your naivety and poverty of idea. In this age and time, you choose to model your life because someone is richer than you. Sorry, in Islaam we follow Allaah and His prophet not individuals no matter how highly placed. As to whether I am poor, I am laughing in Chinese

You follow his prophet? If you really do tell me how many people have you killed? How many 6 year olds have you married? How many highway robberies have you committed? You guys are comedy gold. So if a babalawo's daughter is to be inducted she should wear cowries on her gown too? And I thought I had heard the dumbest stuff from you guys!

IbnIbrahim:



Your comment is as gullible as it looks. So who is gullible?

I did not mention anybodyd name o, I said Nigerians

IbnIbrahim:


Your comment shows your naivety and poverty of idea. In this age and time, you choose to model your life because someone is richer than you. Sorry, in Islaam we follow Allaah and His prophet not individuals no matter how highly placed. As to whether I am poor, I am laughing in Chinese

you are not rich stop Lying that's why your mentality is so backward.

the rich Muslims I know are free people they do not bother themselves with petty things and hatred the way poor Muslims do.

I've mingled with them when I schooled outside the country. I'm talking of rich Muslim from Nigeria.

Abeg if you want to wear your hijab, abeg be going to Saudi. How will you be wearing hijab in this hot weather

fellowman:


you are not rich stop Lying that's why your mentality is so backward.

the rich Muslims I know are free people they do not bother themselves with petty things and hatred the way poor Muslims do.

I've mingled with them when I schooled outside the country. I'm talking of rich Muslim from Nigeria.

I do not have to show it to you whether I am rich or poor, that is your decision. The confusion in your mind is beyond comprehension. I am not here to lecture you on how to clear that confused mind. Because they eat pig and drink alcohol with you and all sorts, I have to follow in their footsteps, it does not work that way.

hakeem4:
Abeg if you want to wear your hijab, abeg be going to Saudi. How will you be wearing hijab in this hot weather

For as long as we have people that bereft of tolerance and respect for people's choice, then there's trouble in the land.

adelee777:

You follow his prophet? If you really do tell me how many people have you killed? How many 6 year olds have you married? How many highway robberies have you committed? You guys are comedy gold. So if a babalawo's daughter is to be inducted she should wear cowries on her gown too? And I thought I had heard the dumbest stuff from you guys!

Your comment shows your level of ignorance. Your ability to think independently is missing because you have been fed with lies. Imagine your level of critical reasoning! I am not here to teach you on how to purge yourself of bigotry.

Foolishness

IbnIbrahim:
I do not have to show it to you whether I am rich or poor, that is your decision. The confusion in your mind is beyond comprehension. I am not here to lecture you on how to clear that confused mind. Because they eat pig and drink alcohol with you and all sorts, I have to follow in their footsteps, it does not work that way.

what's so special about eating pigs that you keep branding it on anyone who isn't a Muslim. I don't eat pigs and I do not criticize anyone who does because I'm not better than them.

secondly what's so good about taking hard drugs but not drinking alcohol, because I know Muslims are the highest consumers of hard drugs, and I'm sure if Muhammed was alive today he would have banned it.

it's just that those drugs weren't around during his time.

thirdly why hate alcohol but you and your people keep collecting tax from it, because I know that the tax from alcohol is used to feed you and your poor in the IDP.

it is also used to provide basic amenities in your community.

adelee777:

You follow his prophet? If you really do tell me how many people have you killed? How many 6 year olds have you married? How many highway robberies have you committed? You guys are comedy gold. So if a babalawo's daughter is to be inducted she should wear cowries on her gown too? And I thought I had heard the dumbest stuff from you guys!

And did Muslims stop babalawos from wearing cowries? God you guys are worse than hypocrites