By Deborah Onyofufeke
The Supreme Court on Friday in a seven-man panel of justices, which had the majority decision of five to two, ruled that Muslim girls in Lagos state primary and secondary citadel of learning be allowed the use of head covering veil called hijab with their school uniforms to school
The Apex court upheld the July 21, 2016 judgment of the Court of Appeal, Lagos, which vacated the October 17, 2014 judgment by Justice Grace Onyeabo, of the High Court of Lagos State, which upheld the hijab restriction.
The supreme court in its verdict which was prepared by Justice Kudirat Kekere-Ekun and read by Justice Tijani Abubakar, set aside the appeal instituted by Lagos State against the 2016 judgment of the Court of Appeal, Lagos because the appeal was lacking in merit.
“The issue before the court is narrow. It is on the wearing of hijab to school by Muslim Students. The appeal is against the decision of the lower court.
“My learned brother, Justice Kekere-Ekun JSC prepared an elaborate leading judgment, spanning close to 80 pages,” Justice Abubakar said
He quoted Justice Kekere-Ekun as saying: “In conclusion, I hold that the appeal is devoid of merit. It is hereby dismissed in its entirety.
“The judgment of the lower court, delivered on the 21st day of July 2016 is affirmed. The parties shall bear their respective costs in this appeal.”
Justice Olukayode Ariwoola, who headed the panel, along with Justice Uwani Abba-Aji, Mohammed Garba, and Abubakar agreed With the lead judgment
Justice Emmanuel Agim wrote and read the lead minority decision with which Justice Inyang Okoro agreed, to the effect that the appeal was meritorious.
Justice Agim allowed the appeal and set aside the July 21, 2016 judgment of the Court of Appeal, Lagos.
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The judgment was on the appeal marked: SC/910/2016 filed by the Lagos State Government and others against Miss Ayisat Abdulkareem (minor) and others.
Two pupils of the Atunrashe Junior High School, Surulere, Lagos State, and the Muslim Students Society of Nigeria (MSSN) had dragged the Lagos State Attorney-General and Commissioner for Justice, the Commissioner for Education, and the Commissioner for Home Affairs and Culture before the state’s High Court to challenge the decision of the state government to restrict the use of hijab in public schools in the state.
The students being minors, instituted the case through their fathers – Owolabi Abdulkareem and Suleiman Oyeniyi.
In her October 17, 2014 judgment, Justice Onyeabo held that the restriction placed on the use of the hijab in primary and secondary public schools in Lagos was not discriminatory and did not breach Sections 38 and 42 of the 1999 Constitution as claimed by the plaintiffs.
Justice Onyeabo noted that Section 10 of the Constitution makes Nigeria a secular state and that the government was required to strive to preserve that secular nature.
She added that public schools were owned and funded by the government which, therefore, had the responsibility of issuing guidelines and dress codes for students.
Justice Onyeabo held that the uniformity sought by the Lagos State Government, in issuing the dress code, would be destroyed should the prayers of the plaintiffs be granted.
Upon appeal by the plaintiffs, a five-member panel of the Court of Appeal, Lagos, in its July 21, 2016 judgment, set aside the decision by Justice Onyeabo.
The panel, headed by Justice Abubakar Gumel, held among others that the use of hijab is an Islamic injunction and also an act of worship, adding that it will constitute a violation of the appellants’ rights to stop them from wearing hijab in public schools.
It resolved all the five issues, raised for determination, in favor of the appellants and proceeded to hold that the High Court of Lagos faulted in law when it ruled that the hijab ban was a public policy of the state government.
