An Ikeja High Court in Lagos 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 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 asking 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.
Justice Onyeabor added, “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.”
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,” he said. Click to signup for FREE news updates, latest information and hottest gists everyday
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Good judgement, it is not compulsory to attend public schools. If wearing hijab is so important to you, then attend Muslim schools. There is no need to create problem where there is none.
ReplyDeleteDon't allow ur emotion take total control of ur conscience. Muslims are among the tax payers whose money are being used to fund the schools. I thnk there should be freedom of religion at least in public settings.
DeleteBad Judgement,It is the right of Muslims to attend public school.These schools are being funded with tax payers money remitted to the purse of the government by both Muslim and christian parents. Government and other parties involved in this ban should give room for a fair play and not bend to the side of one of the two benefactors of tax.
ReplyDeleteMy friend, stop talking absolute nonsense, how will you fill if the Christian girls start tieing headtie to the school. Government has said the country is secular. What's the problem with all these uncircumcised Muslims? . You have option, there are Arabic and Muslim schools all over where hijabs are aloud. This is a public school obey the rules of the constituted authority.
DeleteWhy are you people always creating issue where there is none ? Public schools are not religious schools neither a religious home. Why should they have different uniforms from others ? I thought we are all educated, but where are our brains people ? Leave hijab or jalamia out of public schools and let peace reign..... Peace
DeleteThey can attend Arabic schools and use hijabs there
ReplyDeleteI am a Christian. If removal of hijab is required by their religion its OK. What the authority should ensure may be the a uniform hijab that can blend with the uniform. Restraining them is a violation of their religious right. Does the hijab in anyway a security threat? Does it hide their identity? Please this is very trivial. If the Koran says all females should wear it for a religious reason, pls respect that. That is the meaning of being secular-cohabitation. I am sure this judgement will see darkness.
ReplyDeleteKingsley. O
In the wake of suicide bombing, hijab is a grave security threat. BH can easily send their emissaries to cause harvoc in public schools
DeleteIf one calls Islam an extreme religion one will be called names and abused but going by the above statement I might be forced to say its extreme if not why does hijabs a must in public schools? Rightly said this schls are funded with tax payers money(both muslim/christians) but they are controlled by the government so govt has to make the rules and one of the rules is no Hijabs shikena! I'm very sure if govt ban the use of Rosary or head ties in their schools the christians won't complain cz they knew that the school is controlled by govt. Bottom line wear hijabs in Muslim controlled institutions while christians wears head ties, garment, rosary etc in christian controlled institutions. Government is no Christian or muslim so stop imposing ur acts in government controlled institutions.
ReplyDeleteMark.
Life is interesting. I have come to practically realise that "there are two sides to a coin". People's comments can be based on their thoughts, belief and level of exposure. I am not against what others who commented before me have said except the anonymous who used derogatory words. If I may say something, I think it's always dignifying to allow peace to reign. I have been privileged to go outside Nigeria and see how things are conducted. In foreign countries such as USA and Canada, certain topics/issues are very sensitive to discuss such as religion, politics etc., these countries are great. There is great freedom for practice of different religions and those governments will never go against the wish of people when it comes to their beliefs in as much it does not affect the well-being of others. Let me say this, recently in Alberta, Canada, the Police Authority adopted the use of Hijab. Therefore, there is no restriction for a muslim lady who uses "hijab" to join force. Muslim girls wear "hijab" to schools. I think issues like this are controversial and a sinful society will like to dwell in darkness. Do you think everyone likes the pastors/churches? The answer is "No". Why would that be? May the Almighty God increase us in faith and make us a better person (Amin).
ReplyDeleteThere is no religious threat in the US. Muslim are a minority and their Sallah holidays are not recognized. The lagos state government is trying to prevent religious fanatic who later become boko haram from breeding in public school. The government has a right to give rules and regulations and all students interested in attending their schools must adhere to these policy.
DeletePersonally i feel people react when the topic is islam/Muslim. Be it hijab or islamic banking. These things are preferential not compulsory. Public institutions cannot be run like private. But if the government feel hijab violates their school dress code, fine.
ReplyDeleteThis issues is a serious one, Lagos state Goverment is violating human righ. Goverment is not fixing major issues affecting state, why Violating pious Muslims, may God help the Lagos state Gorverment...
ReplyDeleteSo the children of traditional worshipers (Babalawos) will be hanging big chams in the neck. Its all about religion.
ReplyDeleteWe need to understand what a secular state means. It means respecting certain standard and these standards must never be in favour of any group that may be characterized by conditions outside the regular laws of the land. If Muslims are allowed to maintain their dress code,others should also be allowed to have their own way. I wonder where that will take us. The daughters of prostitutes will be also authorised to come to school naked. Freedom of expression does not mean that.
ReplyDeleteUnlike other religions islam is a complete way of life. Banning hijab amounts to denying muslims their right. Let them appeal so that the matter will be laid to rest.
ReplyDeleteWhat do you mean by "unlike other religions"? That exactly is the problem with Islam. You cannot seek to live like the mediaeval ancestors in 2014. You need to modernise and live in the present. Most of these so called Islamic practices were relevant in Saudi Arabia in 600AD. It was their culture at that time and we should move on. All other major religions have evolved over time. What we have today is because some Islamic scholars I insist on literal copying of a way of life relevant 1400 years ago! Allah has given us the intelligence to know what is practical and what is not.
ReplyDelete