There was wild jubilation at the premises of the Court of Appeal in Lagos State, yesterday, when the right to wear Hijab, Islamic headscarf, in public primary and secondary schools was granted.
After the judgement, Muslim faithful were seen shouting ‘Allahu Akbar’, ‘Alihamdulilah’, meaning Allah is the greatest and all thanks is due to Allah, respectively. But in a swift reaction, the Lagos State government said it is still studying the judgement.
In a telephone reaction, Commissioner for Information, Mr Steve Ayorinde, said the appellate court delivered its judgement based on its wisdom but the government will have to study it critically to know the next line of action. Ayorinde, who reacted based on the earlier telephone calls made to the state Attorney General, Mr Adeniji Kazeem said: “The position of the Lagos State government is that we have to study the judgement and the reason behind it. We are all aware that Lagos State and indeed the entire country is a secular state as prescribed by the Constitution and that issue of religion must always be approached with great caution, especially in multi-religious state like Lagos.
So, we need to exercise restraint before our next line of action.” With yesterday’s verdict, Muslim students in Lagos State public schools have the right to wear Hijab on their school uniform both within and outside their school premises.
While delivering the verdict, the justices set aside the ruling of the Lagos State High Court, which had disallowed the use of Hijab. During the panel hearing, the presiding justice, A.B. Gumel, also asked parties involved in the case to update their defence documents. Other Justices in the panel set up by Appeal Court President, Justice Zainab Bulkachuwa are Justice M. Fasanmi, Justice A. Jauro, Justice J.S. Ikejegh and Justice Jombo Ofor.
The case is between Asiyat Kareem (Minor) suing through Mr. AbdulKareem Raji; Mariam Oyeniyi through Mr. Sulaimon Oyeniyi; and Muslim Students’ Society of Nigeria, Lagos State Area Unit (suing through its president, Saheed Ashafa), against Lagos State Government (LASG) and others, who were the respondent. Justice Amina Augie of the Court of Appeal, Lagos had earlier affirmed that granting Muslim students the right to wear Hijab in Lagos State schools needed constitutional interpretation. Justice Augie, while granting the right to hear a case on the Hijab matter on May 3, asked the appellants to write the Appeal Court president to set up a full court (of five justices) to hear the case.
In the case, the appellants want the judgement of the lower court to be reversed, while the defendant wants it to be upheld. Counsel to the appellant students, Mr Mohammed Lawal, in his reaction lauded the judgement and described it as victory of truth over falsehood. On the position of law as enunciated by the Court of Appeal, the lawyer said: “The constitution of Nigeria recognises multi religion state not secular, so whenever any of our religious rights is being infringed upon, we need to demand for our right and that is what we have done.
“The state has said in its policy statement that Hijab is only allowed during Islamic activities, however with the position of the judgement today (Thursday) things have changed.
The court stated that the state was not able to show which policy it stated contradicted the usage of Hijab in public schools and that where such policy exist, it cannot override the provision of the constitution, which allows the appellants to practice their faith. “Any student harassed by any teacher or principal can take this up because if such thing happens, that is a contempt of the court.” President of Muslim Students’ Society of Nigeria in Lagos State, Saheed Ashafa, expressed delight over the ruling.
While saying the right to wear Hijab was long overdue, Ashafa urged all parties to act in accordance with the judgement. He said: “This is victory for Islam. Victory to Muslims. The words of Allah have come to pass. We are glad that there are few judges whose neutrality has not be stained by sentiment.” “We wonder why we had to face so many challenges before our right is granted.
This recognition and truthful interpretation on freedom of religion as enshrined in the Nigeria constitution (Section 36) and United Nations Charter, will further strengthen public trust in the judiciary.” ‘’Today will remain historic in the life of every Muslim in Lagos and Nigeria as a whole. We will remain law abiding and appeal to all and sundry not to act in ways and manners that are contrary to the judgement.
‘This should mark the end to harassment, embarrassment, victimisation, cheat and allacts of wickedness unleashed on Muslim female students who wear the Hijab.” Also, Amirah of MSSN in Lagos State, Hafsah Badru, described the Hijab as a religious garment, which should be put on at all times. “Injustice can never prevail over justice, truth will always prevail over falsehood; the commands of Allah are supreme over all man made laws.
Allah is the Greatest.
We have not asked anyone not to observe their religious right in respect to legality, we have only asked that ours should not be tampered upon, and as Allah wants it, we have the right granted,” she said. The Muslim Rights Concern, MURIC, hailed the verdict of the Court of Appeal.
The association in a statement signed by its Director, Prof. Ishaq Akintola said the ruling had restored hope in the judiciary as the last hope of the common man. Click to signup for FREE news updates, latest information and hottest gists everyday
Advertise on NigerianEye.com to reach thousands of our daily users
Well. I have learnt to respect other people's religion being a Christian, but the heat of this Hijab thing all over is questionable, hope we are not truly moving towards Islamization as predicted?
ReplyDeleteMy dear,you will only feel that way becos we have been denied our rights for a very long time. Hijab wearing is only for us Muslims not for everyone.
DeleteThey were granted the right to practice their religion. Not that they enforce it on non-muslim. If this is enforced on everyone be it muslim or non-muslim then you can say Islamization. Let's try to be objective.
DeleteWell. I have learnt to respect other people's religion being a Christian, but the heat of this Hijab thing all over is questionable, hope we are not truly moving towards Islamization as predicted?
ReplyDeleteWhy will Muslims Jubilate?? Is it not a normal thing we're use to. According to Scriptures, this is the way of Modest dressing and really the best way.
ReplyDeleteAs a Christian, I & a Nigerian, I know to respect other people's religious belief, but I don't see how wearing Hijab to school adds to the economy or to the life of a female Muslim child. I went to a public schl, & I remember that wearing anything other than the school uniform wasn't allowed (even coloured sweaters). Lagos state govt shld handle this issue with caution, so it doesn't lead to what happened in Osun State. Muslims shld also know that they are not the only religion in this country, as they are clamouring to wear Hijab to school, what do they expect other religion to do? #IDonTalkMyOwn
ReplyDeleteOloriebifekoya,No.The holy Quran stated clearly that there is no compulsion in religion.Therefore we are not heading towards Islamising anybody.It is the right of practising Muslim Females to wear Hijab.Hence the judgement is okay.
ReplyDeleteI congratulate the muslim brothers for the favourable court verdict.It has paved the way of other religious bodies to affirm her constitutional rights to wear garment in school or wherever they deem fit.Now cele garment,olumba olumba garment,catholic priestly garments,juju worshippers garment,all sorts of garment is now allowed in Lagos public schools.Let us see the joke this would turn out to be!
ReplyDeleteOK let me as this question. We have some Christian bodies that do not wear sandals e.g The Celestial Churches. How will you feel if they decide not to wear sandals to school inline with their religious beliefs??? I feel we should not incorporate religion into some things. Thanks.
ReplyDeleteWe should only jubilate when our economy becomes bouyant but looks like we are busy chasing shadows rather than substance. When will the masses react to high prices & inability of FG to have sound economic policies. What, for goodness sake, did we need a foregn coach for? What if the French coach did not refuse our offer? How were we going to pay. Could it have been wise to use our Naira that is 373 to a Dollar to pay. Please let us (the masses) have a direction if our leaders are blinded by political & religious interests rather than pursue National interest for the good of all. Nigeria will survive inspite of all odds!
ReplyDeleteWhat is the idea of schools (public or private) wearing "uniforms"? A hijab, or whatever other religious garment on top of the approved uniform removes uniformity. I guess the ultimate solution would be to completely make students wear whatever pleases them and their parents to school, in which case hot pants & halter-necks should be allowed for those who are irreligious. We must be very careful.....not to abandon the leprosy and spend time curing the ringworm.
ReplyDelete