‎Lagos Hijab Ban: Presiding Justice Refers MSSN To Appeal Court President

The Court of Appeal sitting in Lagos has affirmed that granting of right to Muslim students to wear Hijab in Lagos State schools needed constitutional interpretation.

Justice Amina Augie said this while granting the right to hear a case on Hijab matter on Tuesday (May 3rd).

Other justices on the bench were Justice Tijani Abubakr and Justice Tukur.

The case was between Asiyat Kareem (Minor) suing through Mr. AbdulKareem Raji; Mariam Oyeniyi through Mr. Sulaimon Oyeniyi; and Muslim students through Amir (President) Muslim Students' Society of Nigeria, Lagos State Area Unit, Saheed Ashafa versus Lagos State Government (LASG) and others, who were the respondent.

The appellants were represented by a team of lawyers led by by Alhaji Gani Adetola-Kassim (SAN).

After hearing the brief of the case from both the appellants and respondent, Justice Augie stalled the hearing.

According to her, the case on Hijab needed constitutional interpretation and only a full court could preferably give verdict on it.

She also explained that it was not preferable that the case be heard by a panel dominated by only Muslim Judges.

This, she said, was as a result of the sensitivity of the (Hijab) matter.

She subsequently asked the appellants to write the President of Appeal Court, Justice Zainab Bulkachuwa, to set up a full court (of five justices) to hear the case.

Reacting to the position of the appeal court, MSSN Lagos Amir, Saheed Ashafa, expressed confidence that the position of the constitution was clear on freedom of religion.

He explained that the Court of Appeal has further vindicated the position of MSSN Lagos by admitting that wearing of Hijab was a constitutional right.

He said, "By the grace of God, we will emerge victorious. Our legal team is working on the decision of the Court of Appeal already and we trust that proper interpretation would be done.

"We have always believed that banning of Hijab from the inception is against the spirit of the constitution. It was indeed shocking that despite harassing and flogging of students publicly the Lagos State Government under Babatunde Fashola proceeded to ban Hijab for a reason best known to them.

"We will not stop being law abiding, but urge the LASG to respect individual differences and grant Muslims our right to practise Islam just as our counterparts in other religions, especially Christians. We pray that in the end, the favourable wish of Allah shall prevail.‎"

On her part, Amirah of MSSN Lagos, Hajia Hafsah Badru, complained that it was taking too long for the rights of Muslims to be granted.

She wondered why Muslims were prevented from putting on the Hijab when Christians kept dressing to suit their religion to schools.

She reiterated that "the present dressing codes in schools is a specification for the Christians. Allowing Muslims to also wear Hijab will only show impartiality and equality on the part of government and make Muslims fulfil their obligation to their creator - Allah.

“It is appalling that despite the recognition of the freedom of religion as contained in the Nigeria constitution (Section 36) and United Nations Charter, Muslim pupils that wear the Hijab are subjected to undue harassment and abuse.

“Without bias, the LASG should stop abusing Muslim students' freedom to uphold the tenets of our religion. The government should stop disrespecting and disregarding provisions of the constitution."

Recall that the Lagos State Government banned the use of Hijab on the argument that it was not part of the approved school uniform for students.

Following that, members of the Muslim Students’ Society of Nigeria, Lagos State Area Unit proceeded to court to seek redress and protect Muslim females from being flogged, embarrassed, and victimised for using the Hijab within and outside school premises.

In the High Court Ruling, Justice Grace Modupe Onyeabo, ruled against the use of Hijab because of the “secularity” of Lagos State.

After the High Court judgement, the appeal court was approached but the Counsel for Lagos State Government did not initially file a respondent brief.

The appellants had earlier complained about the flogging of an eleven-year-old student of Kadara Junior High School, Ebute Metta, Aisha Alabi, on February 5, 2013, on the assembly ground by her principal, Mrs. E.C Ukpaka, for not removing her Hijab after coming out of an Islamic Religious Knowledge (IRK) class where it is ordinarily permitted to wear the Hijab.

They also alleged that on February 20, 2013, Bareerah Tajudeen of Mafoloku Senior Grammar School, Oshodi had her Hijab removed and trampled upon by her principal, Mrs. Elizabeth Omidele, outside the school premises.

Signed:
SAHEED ASHAFA,
Amir (President),
Muslim Students' Society of Nigeria,
Lagos State Area Unit.
[email protected]
08173291878