Justice Grace Modupe Onyeabo of an Ikeja High Court on Friday upheld the prohibition on the use of hijab (Muslim head scarf) in public primary and secondary schools in Lagos State.
The judge dismissed the suit instituted by the Muslim Student Association of Nigeria (MSSN), Lagos State Area Unit, against the Lagos State Government over the ban.
The MSSN had dragged the state government to court over the ban on the use of hijab, maintaining it violated their fundamental human rights.
The association in the suit filed on May 27, 2013 through their counsel, Chief Adetola Kazeem (SAN), had also contended that banning female students from using Hijab on or outside the premises of any educational institution in Lagos State “is wrongful and unconstitutional”.
Kazeem had argued that the use of hijab was a compulsory religious obligation for Muslim ladies who have reached puberty, which was not applicable to women alone.
But counsel to the Lagos State government, Mr. Lawal Pedro (SAN), while reacting to the counter affidavit had also argued that the compulsory use of hijab as stipulated in the Holy Quran specifically refers to Muslim women in public and not female students enrolled in public schools, who were not adults.
According to Pedro, the matter had nothing to do with religious discrimination; but rather a way of ensuring standard uniform among students in public and secondary schools in Lagos.
Delivering the judgment in the matter yesterday, Justice Onyeabor said the ban was not discriminatory and did not breach 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 the government must strive to preserve that secular nature.
According to her, public schools were owned and funded by government who therefore had the responsibility of issuing guidelines and dress codes for students.
Justice Onyeabor held 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.
“The values of plurality and the respect for the rights of others who have subscribed to a non-faith based educational system cannot be breached.
“In that effect, the issue is resolved in favour of the respondents and the suit is accordingly dismissed”, the judge held.