Appeal Court okays use of hijab in Lagos schools

Muslim group hails ruling

A five-man panel of the Court of Appeal, Lagos yesterday set aside the October 17, 2014 judgment by Justice Modupe Onyeabor of an Ikeja High Court banning the use of hijab in public primary and secondary schools in Lagos State.

Two 12-year-old girls, Asiyat Kareem and Mariam Oyeniyi of Aturase Junior High School, Surelere had instituted the suit on May 27, 2013 against the state government.

The special panel, presided over by Justice A.B. Gumel, held that the appeal was meritorious.Delivering the ruling, Justice Gumel said the use of hijab is an Islamic injunction and also an act of worship and as such, it would constitute a violation of the appellants’ rights to stop them from wearing hijab in public schools.

The judgment further read that the lower court erred in law when it held that the ban was a policy of the state government, as there was no circular before the lower court to authenticate the claim, adding that, “he who asserts must prove”.

The judge added that if such policy existed, it would have emanated from the 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 were violated by the respondent.

It also dismissed the argument of the state government that it made exception by allowing female Muslim students to wear hijab during prayers.Other members of the panel include Justices M. Fasanmi; A. Jauro; J.S. Ikyegh and I. Jombo Ofor.Dissatisfied with the ruling, the appeallants urged the appellate court to set aside the judgment and protect their constitutional rights.

The government had banned the use of hijab on the argument that it was not part of the approved school uniform for pupils.Meanwhile, the Muslim Rights Concern (MURIC) has lauded the ruling. In a statement yesterday by its Director, Prof. Ishaq Akintola, the group said the judgment “has restored hope in the judiciary as the last hope of the common man. The five judges deserve more accolades. They have proved beyond any reasonable doubt that they were principled men of the bench. It is the victory of the rule of law. Truth has prevailed over falsehood.”

MURIC said for the fact that the judgment was unanimous and only two of the five judges were Muslims, “leaves a firm stamp of authority on the legality of the use of hijab not only by female Muslim students but also by all Muslim women in the country.”