Court of Appeals rules that it is acceptable for Muslim girls to wear the hijab to school

NIGERIA'S court of appeal sitting in Lagos has ruled that it is okay for female Muslim pupils to wear the religious veil the hijab to school with their school uniforms bringing about an end to a bitter and acrimonious dispute.

 

Of late, Nigerian Muslims and Christians have been at logger heads over the vexed issue of the hijab with adherents of the Islamic faith insisting that their female pupils be allowed to wear it. Earlier this year, however, the matter became the subject of a legal tussle and 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.

 

However, yesterday, a special panel of the appeal court presided over by Justice A B Gumel, overturned this decision holding 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. In addition, the court noted that no circular was presented before the lower court to show that it was a policy of Lagos State to ban the hijab in schools.

 

Furthermore, the court held that if there was such a policy, it ought to have emanated from the Lagos 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 Jombo Ofor.