PERSONAL OPINION!!!

Having read several stories, positions and opinions on the issue from religious portals, I shall be carefully addressing issues without bias and from a strictly legal point of view.

Fact in public domain is that she was compelled to take off her Hijab if she was to be called to the bar, a directive she felt was in contravention of Section 38 of the Nigerian Constitution which basically gives the right to freedom of thought, conscience and religion. There has been outcry from different quarters either in support or against her decision not to take off her Hijab but the first point to note is that Religious laws are personal laws (save for Shariah law states predominantly occupied by Muslims). As far as the Nigerian legal system is concerned, religious laws take the back seat to English received, Common and Customary laws.


That being said, there is no doubt every individual in entitled to his/her opinion without fear of discrimination however for every right enshrined in the constitution, there is/are limitations. The rationale for limitation is to streamline excesses and ensure that the purpose for which laws were created becomes achievable and protect the interest of all and sundry. Quick example is the provision of Section 34 “Right to dignity of human person”- 1(c) no person shall be required to perform forced or compulsory labour, one of the limitations is that any labour in pursuance of your duty as a member of the Armed Forces of Nigeria or Police Force shall not be seen as a contravention of your right quoted above. Purport is that, the moment you join the Armed Forces, you relinquish the right against compulsory labour.
Back to the issue at hand, the body saddled with the responsibility of calling aspirants to the Nigerian Bar (Body of Benchers) did not ask the lady in question to denounce or deny her religion as many thought or have been misinformed. The issue is that of restricting her from manifesting her religion and beliefs by covering her hair. As much as there is the right to express your religion in a manner that so pleases you, Section 45 sets limitations to those rights; in the interest of Defence, Public Safety, PUBLIC ORDER, Public morality or health… the profession has rules, ethics and guidelines. Passing the bar finals is not the only criterion for being called to the Nigerian Bar, you must not be of questionable character. In fact, character plays a major role to academic successes because of the nobility of the profession.


Although her doggedness has helped in some ways, particularly by challenging the Body of Benchers, Council of Legal Education and the NBA to create an atmosphere that accommodates all practices and beliefs as well as expression in the legal profession. We await the decision of the regulating bodies who have swung into action to see that justice is not only done but seen to be done but I strongly opine that sanity must be maintained during call to bar ceremonies as it would be catastrophic to see all sorts of parade during the ceremonies, field of practice as well as all through the training process.


I will be in the comments to take only reasonable questions. No religious sentiments please. I am an atheist for the purpose of this text. Thank you.

Thanks.

Nice one.. thanks for the clarification

Who cares?