The Supreme Court, dismissed the appeal filed by Lagos State against the 2016 judgment of the Court of Appeal, Lagos, on the matter.
By Emma Ogbuehi
The Supreme Court has overruled Lagos State on its restriction of the use of head covering (hijab) by female Muslim students of public schools in the State.
In a split decision of five to two on Friday, a seven-member panel of the Supreme Court affirmed the July 21, 2016 judgment of the Court of Appeal, Lagos, which set aside the October 17, 2014 judgment by Justice Grace Onyeabo of the High Court of Lagos State, which upheld the hiab restriction.
Justice Kudirat Kekere-Ekun, who wrote the lead majority judgment, which was read on Friday by Justice Tijani Abubakar, dismissed the appeal filed by Lagos State against the 2016 judgment of the Court of Appeal, Lagos, on the grounds that the appeal was without merit.
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It would be recalled that a special five-man panel of the Court of Appeal sitting in Lagos had in 2016, set aside the judgment of a Lagos High Court which had banned students in public primary and secondary schools in the State from wearing Hijab (Muslims headscarf) with their school uniforms in a unanimous decision.
The special panel which was presided over by Justice A B Gumel held that the appeal was meritorious and same should be allowed.
In his judgement, Justice Gumel held that the use of hijab is an Islamic injunction and also an Act of worship hence it will constitute a violation of the appellants’ rights to stop them from wearing hijab in public schools.
Other Justices in the five-man panel set are Justice M. Fasanmi, Justice A. Jauro, Justice J.S. Ikyegh and Justice I. Jombo Ofor.
Justice Modupe Onyeabor of an Ikeja High Court had earlier on October 17, 2014, dismissed the suit instituted against the Lagos State Government by two 12-year-old girls Asiyat Kareem and Mariam Oyeniyi, who are students of Aturase Junior High School in Surelere under the aegis of the MSSN, Lagos State Area Unit.
Dissatisfied with the judgment, the appellants urged the appellate court to set aside the judgement and protect their constitutional rights.
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, 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 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.
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 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.
