Relevant sections from The Constitution of The Federal Republic of Nigeria, 1999.

10. The Government of the Federation or of a State shall not adopt any religion as State Religion.


38. (1) Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction ceremony or observance relates to a religion other than his own, or religion not approved by his parent or guardian.

(3) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.

(4) Nothing in this section shall entitle any person to form, take part in the activity or be a member of a secret society.


42. (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or

(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.

(3) Nothing in subsection (1) of this section shall invalidate any law by reason only that the law imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the armed forces of the Federation or member of the Nigeria Police Forces or to an office in the service of a body, corporate established directly by any law in force in Nigeria.

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm

A similar case from the UK.


All male baptised sikhs are obliged to wear a turban. In 1982 a headmaster at a school in the UK prevented a boy from entering class because he was wearing a turban. The boy's father sued.

They lost the case at the Appeal Court because the court ruled that the law prevented discrimination against races and ethnic groups, but it did not prevent discrimination against religious and political groups.

They won the case at the House of Lords (the UK supreme court). The law lords ruled that sikhs are an ethno-religious group and you cannot prevent a child from attending lessons in government funded schools simply because he is wearing a turban.

naptu2: MANDLA v DOWELL LEE [1982] UKHL 7 (24 March 1982):

Sikhs are a racial group for the purposes of the Race Relations Act 1976 and a rule forbidding the wearing of turbans by school pupils could not, therefore, be upheld because it was it not justifiable in all circumstances ‘irrespective of the colour, race, nationality or ethnic or national origins’ of the person to whom it was applied ‘without regard to the ethnic origins of that person’ (per L Fraser of Tullybelton).

Indeed in the UK, sikhs are exempted from wearing motorcycle crash helmets, hard hats at construction sites, etc because they have to wear their turbans.m

daviesore: please do not move from the main issue.
1. the girl used Hijab in School at what time?
2. is the use of Hijab a criminal offence?
3. DOES THE USE OF HIJAB POSE ANY MORAL THREAT TO THE SCHOOL AND ALL OTHER STUDENTS?
4. IS THE USE OF CANE ALLOWED IN SCHOOL, IF YES AT WHAT LEVEL OF OFFENCE?
5. IF THIS GIRL WAS CAUGHT HAVING SEX IN THE SCHOOL(AS WE WITNESSED IN MANY GOV. SCHOOL) WILL SHE BE HUMILIATED LIKE THAT?
6. the principal saw her and called an emergency assembly,WHY? IS IT TO BRAND HER A TERRORIST, CREATE FEAR IN HER AGAINST ISLAM, CREATE FEAR IN OTHER STUDENTS?
7. WHY WAS SHE PUBLICLY FLOGGED IF NOT FOR HATRED?
8. WHAT MORAL LESSON DID THE PRINCIPAL SIGNALED TO OTHER STUDENTS AND TEACHERS AS WELL?

COME TO THINK OF IT:
IN MAJORITY OF OUR SO CALLED GOVERNMENT SCHOOLS,
1 CHRISTIANS CONDUCT ASSEMBLY FOR 4 DAY AND MUSLIMS 1 DAY
2. CHRISTIAN TEACHERS ARE MAJORITY WITH EVANGELISM MANDATE AT ANY COST;
3. MAJORITY OF OUR HOLIDAYS ARE PROGRAMMED WITH CHRISTIAN CALENDER AND AGENDA;
4. MUSLIMS ARE VICTIMIZED BECAUSE WE HAVE NOBODY IN AUTHORITY TO SPEAK FOR US;
5. BOTH SATURDAYS AND SUNDAYS ARE REGARDED AS WEEKENDS BASED ON CHRISTIAN AGENDA;
6. WE ALL KNOW HOW SATURDAY BECAME A WORK FREE DAY;
7. THE MEDIA IS DOMINATED BY CHRISTIANS WITH ISLAM AS TARGET OF ATTACK AND HATRED
8. CHRISTIANS PREACHES LOVE OF MUSLIMS IN PUBLIC BUT FILLED THEIR HEARTS AND MINDS WITH HATRED AND DESTRUCTION OF MUSLIMS IN THE CHURCH.
9. 'NIGERIA FOR CHRIST BY YEAR 2000' CRUSADE NOW LEADING TO BH INVENTION AND THE SHOUT FOR SPLITTING OF THE COUNTRY HAVE SUCCESSFULLY USED THE MEDIA TO PROJECT THAT CHRISTIANS DOMINATE THE WEST.

but you are moving away from the main issue by posing new questions/lines of thought. you even proposed a reason (brand her a terrorist) for bringing the victim on assembly.

President Obama highlighted this freedom of religion during his 2009 speech in Cairo, Egypt. Speaking to a large crowd at Cairo University Mr. Obama said, “Moreover, freedom in America is indivisible from the freedom to practice one’s religion….That’s why the United States government has gone to court to protect the right of women and girls to wear the hijab and to punish those who would deny it.”............Picture (American high school basketball team, some players wear the hijab, while others do not.)

The Lagos State House of assembly, on Monday, set up a four-man ad-hoc committee to investigate the alleged victimisation of Aisha Alabi, a JSS 1 student of Kadara Junior Grammar School, Ebute-Metta by her principal, Mrs E.C Ukpaka, over hijab.

Speaker, Adeyemi Ikuforiji announced the setting up of the committee after the house discussed the petition forwarded on the issue by the Muslim Students’ Society of Nigeria (MSSN) Lagos State Area Unit during plenary.

It would be recalled that the Muslim Students’ Society of Nigeria (MSSN) Lagos State Area Unit had raised the alarm over the issue and also staged a peaceful protest to Governor Babatunde Fashola’s office in Alausa on Thursday February, 28, 2013.

During the debate, the Chief Whip of the House, Hon. Dr. Abdurrazaq amongst other Members of the House, however, pleaded caution over the issue saying that both sides of the story should be heard.

‘We have lived harmoniously for so many years, despite our religious differences, let’s not make judgement before investigating,’ Balogun said.

However, Speaker, Ikuforiji said that nobody should discriminate against anybody on the basis of religion, saying that it’s a matter that cannot be tolerated in Lagos State.

The ad-hoc Committee, which comprises Hon. Abdurrazaq Balogun, Hon. Adebimpe Akinsola, Hon. Alawiye-King and Hon. Rufai Adeyemi has one week to report back to the house.

Nnokwa Progressive Union Decries Allegation on Mrs. Ukpaka
...Student’s act was against school regulations, says family

The National Nnokwa Progressive Union (NPU), Lagos chapter yesterday refuted the allegation heaped on Mrs. E.C Ukpaka, the Principal of Kadara Junior Grammar School, Ebute Meta, Lagos State, over the flogging of a student in the school, Aishat Alabi, out of religious sentiment.

The NPU Head of Media and Publicity, Mr. Eze Victor, who spoke to THISDAY on behalf of the Union, said Ukpaka happens to be an award winner because of her humility and character. “Her efforts as a teacher and principal has always included preaching against discrimination in any form, and as such should not be attached to her personality especially matters of religious sentiments which she preaches against.” The Union, he said, after its own investigation into the matter, discovered that Ukpaka acted in accordance with the school rules and regulations which state that on no account would students display or appear in any form, suggesting religious connotation.

Victor stressed that (NPU) frowned at a situation wherein series of rallies were held against Ukpaka by the Muslim Student Society of Nigeria (MSSN) who are of the opinion that she victimised the student because of her religion. “This is just a case of intimidation and we will stand by her: we will give her all the necessary support she needs at this very trying time and we want to believe that some of the things are not necessary and they will not last long.

“The earlier some of these things stop, the better for them. Not just for the image of the school or as a disservice to other dedicated teachers but for educational growth and development in the state because it makes mockery of all that the state Governor, Babatunde Fashola, has been trying to do in the area of unity, peace, development and improved standard of living for schools in particular and the state in general.

When THISDAY visited the Ukpaka’s family in Lagos, the family expressed disappointment that the matter was blown out of proportion with the aim of tarnishing her hard earned reputation.
According the family, “It was alleged that Mrs. Ukpaka, the Principal of the school flogged a 16-year old student Alabi because she was wearing hijab( a female Muslim head cover). This is not true. The girl in question was flogged because of indiscipline. She violated the school rule by wearing hijab during school hours in the school compound. Hijab or Rosary is not part of the school uniform.
“It was alleged that Mrs. Ukpaka gave the student 43 strokes of cane. This is not true. She only gave her six stroke of cane commensurate with her age knowing fully well that she is a minor as a corrective measure and a lesson for other students.
“It was also alleged that the correction was done after school hour. This is not true at all as the flogging was done during schooling hour at the assembly which takes place every school day as from 3: 15 p.m. for all Lagos State public schools.



Meanwhile, a letter dated February 18 issued by the General Secretary of (MSSN), Ebute Metta Area Council, Uthman Ishaq, condemned what it described as molestation, victimisation and assault of Muslim students of the above aforementioned school. The letter stated that the students “are being denied their fundamental right which is well spelt out in the Nigerian Constitution.
“It it unfortunate to know that you, the principal, could beat a JSS 1 student, Alabi so mercilessly for putting on hijab after school hour as to give her 43 strokes of cane in the afternoon assembly-a case of inhuman or degrading treatment and assault. This is absolutely a case of religious victimisation, and it is unacceptable
We hereby demand that such victimisation, either by staff or students of Muslim students be put an end in the school; any subsequent report from the school may lead to any thing,” the latter stated.

“It was also alleged that the correction was done after school hour. This is not true at all as the flogging was done during schooling hour at the assembly which takes place every school day as from 3: 15 p.m. for all Lagos State public schools.

I think the statement in bold clarifies the fact that the girl was flogged at the assembly ground for those doubting the story.

btw what is Nnokwa Progressive Union

Religious items banned include Catholic Rosary, Muslim hijab, Amadioha's amulet etc

The Girl's Age: 16 years

Number of strokes given: 6

The event happened during School hours

What's you opinion now you have heard from the two sides?

siddiq202:

I think the statement in bold clarifies the fact that the girl was flogged at the assembly ground for those doubting the story.

btw what is Nnokwa Progressive Union

^^^^My opinion is on the first page of this thread and it is still valid

I think its important we separate religious victimization from punishment for breaking school rules. The girl was flogged for breaking school rules
that prohibited the wearing of Hijab during school hours.

kliffo: I think its important we separate religious victimization from punishment for breaking school rules. The girl was flogged for breaking school rules
that prohibited the wearing of Hijab during school hours.

What is the state government's rules on caning people?
Does that not matter too?