Davidson Iriekpen
A special constituted panel of the Court
 of Appeal sitting in Lagos on thursday gave approval to Muslim students
 to wear the hijab (veil for women) with their school uniforms.
In a unanimous decision, the court set 
aside the judgment of a Lagos High Court which banned students in public
 primary and secondary schools in the state from putting on the hijab 
with their school uniforms.
Davidson Iriekpen
A special constituted panel of the Court
 of Appeal sitting in Lagos on Thursday gave approval to Muslim students
 to wear the hijab (veil for women) with their school uniforms.
In a unanimous decision, the court set 
aside the judgment of a Lagos High Court which banned students in public
 primary and secondary schools in the state from putting on the hijab 
with their school uniforms.

A special panel of the court presided over by Justice A.B. Gumel held that the appeal was meritorious and should be allowed.
In his lead judgment, Justice Gumel held
 that the use of the hijab was an Islamic injunction and also an act of 
worship hence it would constitute a violation of the appellants’ rights 
to stop them from wearing the hijab in public schools.
Resolving all the five issues raised in 
favour of the appellants, the appellate court held that the lower court 
erred in law when it held that the ban on hijabs was a policy of the 
Lagos State Government (respondent).
The court noted that no circular was 
presented before the lower court to show that it was a policy of Lagos 
State, adding that “he who asserts must prove”.
The court further held that if there was
 a policy, such policy ought to have emanated from the state House of 
Assembly and not the executive arm of government.
Consequently, the court held that the 
fundamental human rights of female Muslim students as enshrined in 
Section 38(1) of the 1999 Constitution was violated by the respondent.
It dismissed the argument of the Lagos 
State Government that it made exception by allowing female Muslim 
students to wear hijabs during prayers.
Other justices in the five-man panel were Justice M. Fasanmi, Justice A. Jauro, Justice J.S. Ikyegh and Justice I. Jombo Ofor.
Justice Modupe Onyeabor of an Ikeja High
 Court had on October 17, 2014, dismissed the suit instituted against 
the Lagos State Government by two 12-year-old girls under the aegis of 
the MSSN, Lagos State Area Unit.
Dissatisfied, the appellants urged the appellate court to set aside the judgment and protect their constitutional rights.
The government had banned the use of the hijab, arguing that it was not part of the approved school uniform for pupils.
Following the ban, the students filed 
the suit on May 27, 2015, seeking redress and asked 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 hijabs over school uniforms within and 
outside the premises of public schools was not discriminatory.
According to her, the ban did not violate Sections 38 and 42 of the 1999 Constitution as claimed by the plaintiffs.
She held that 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 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.
 
 
 
 
 
No comments:
Post a Comment