Supreme Court okays use of hijab in Lagos schools

The Supreme Court of Nigeria has okayed the use of hijab by female Muslim students in Lagos State Government-owned schools.

The Supreme Court delivered the ruling upholding the use of hijab by Muslim students on Friday in Abuja.

The court dismissed an appeal by the Lagos State Government and upheld the earlier judgement of the Court of Appeal which held that the ban on hijab was discriminatory against Muslim students in the state.

The panel of judges include Justice Olukayode Ariwoola, Justice Kudirat Kekere-Ekun, Justice John Inyang Okoro, Justice Uwani Aji, Justice Mohammed Garba, Justice Tijjani Abubakar, and Justice Emmanuel Agim.

The court upheld that the ban violated the Muslim students’ rights to freedom of thought, conscience, religion, the dignity of human persons and freedom from discrimination guaranteed by the 1999 Constitution.

The Lagos State Government had banned the use of the hijab, arguing that it was not part of the approved school uniform for students.

Following the ban, Muslim students filed a suit on May 27, 2015, seeking redress and asking the court to declare the ban as a violation of their rights to freedom of thought, religion and education.

The case, CA/L/135/15, is between Lagos State Government, Miss Asiyat AbdulKareem (through her father), Miss Moriam Oyeniyi and the Muslim Students’ Society of Nigeria.

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 (at that time), who are members of the MSSN, Lagos State Area Unit.

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.