The wearing of hijab by pupils and
students in public schools in Lagos was today legalized.
The five man panel of the Court of
Appeal sitting in Lagos Thursday set aside the judgment of a Lagos High Court
that banned students in public primary and secondary schools in Lagos State
from wearing Hijab (Muslims headscarf) with their school uniforms in a
unanimous decision.
The panel presided over by Justice A
B Gumel held that the use of hijab is an Islamic injunction and also an Act of
worship hence it will constitute a violation of the appellants’ rights to stop
them from wearing hijab in public schools.
The court dismissed the argument of
Lagos State that it made exception by allowing female Muslim students to wear
hijab during prayers.
It would be recalled that 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
Asiyat Kareem and Mariam Oyeniyi, who are students of Aturase Junior High
School in Surelere under the aegis of the MSSN, Lagos State Area Unit.
The government had banned the use of Hijab on
the argument that it was not part of the approved school uniform for pupils.
Read Also;
Hijab
Wearing in Schools will start religious War in South Western Nigeria.
|
|
|
Children
come to school with different religious outfits in Osun State
|
Meanwhile, Online contributors have kicked against pupils and students
wearing hijab to school, arguing that permitting such will further create
division and disaffection between Muslim children and their Christian
counterparts.
One of the contributors wondered why the wearing of hijab
has suddenly become an issue especially in the South West.
“Come to think of it; Islam is not new in Nigeria, but I
find this Hijab phenomenon new, especially in the south west.
"As a student of one of the Federal Government Colleges
in the late 70s and early 80s, we wore school uniforms without distinction of
who is a Muslim or who is not.
" There was a peaceful educational learning in our
public schools, with a Muslim sitting next to a Christian - No Wahala. Without
Hijab, we had better Muslim sisters in schools”.
The contributor said the introduction of hijab was not only
a distraction to school children but also a ploy by those promoting it to
introduce religious wars in the South Western Nigeria”.
“I see is as unnecessary distraction and divisive. Wearing
of Hijab in public school will not promote desired unity, uniformity and
love.
"I will prefer that we keep religious sentiments out of
our public schools. Let all pupils come appearing uniform. When it is time for
prayers, they can wear their Hijabs”, he concluded.
Lagos- The special five
man panel of the Court of Appeal sitting in Lagos Thursday set aside
the judgment of a Lagos High Court that banned students in public
primary and secondary schools in Lagos State from wearing Hijab (Muslims
headscarf) with their school uniforms in a unanimous decision.
The special panel which was presided over by Justice A B Gumel held that
the appeal is meritorious and same should be allowed.
In his judgement, Justice Gumel held that the use of hijab is an Islamic
injunction and also an Act of worship hence it will constitute a
violation of the appellants’ rights to stop them from wearing hijab in
public schools.
While 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 ban of hijab is a policy of the Lagos State Government
(respondent).
The court also noted that no circular was presented before the lower
court to show that it was a policy of Lagos State stating that “he who
asserts must prove”.
The Judge further held that if there was a policy, such policy would
have emanated from the state House of Assembly and not the executive arm
of government.
However, 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.
The court dismissed the argument of Lagos State that it made exception
by allowing female Muslim students to wear hijab during prayers.
Other Justices in the five-man panel set are Justice M. Fasanmi, Justice
A. Jauro, Justice J.S. Ikyegh and Justice I. Jombo Ofor.
It would be recalled that 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 Asiyat Kareem and Mariam
Oyeniyi, who are students of Aturase Junior High School in Surelere
under the aegis of the MSSN, Lagos State Area Unit.
Dissatisfied with the judgment the appellants urged the appellate court
to set aside the judgement 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.
Following the ban, the students filed the suit on May 27, 2015, seeking
redress and asked the court to declare the ban as a violation of their
rights to freedom of thought, religion and education.
In her judgment, Onyeabor held that the prohibition of the wearing of
Hijab over school uniforms within and outside the premises of public
schools was not discriminatory.
According to her, the ban does not violate 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 that government must maintain neutrality at all times.
Onyeabor said the government therefore had a duty to preserve the
secular nature of the institutions concerned as argued by the then Lagos
State Solicitor-General, Mr Lawal Pedro (SAN).
She noted that since the public schools were being funded by the
government, it was therefore competent to issue dress codes and other
guidelines to the students.
According to her, the use of uniforms engenders uniformity and
encourages students to pursue their mutual academic aspirations without
recourse to religious or any other affiliations.
The judge observed 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.
Read more at: http://www.vanguardngr.com/2016/07/appeal-court-lifts-ban-hijab-lagos-public-schools/
Read more at: http://www.vanguardngr.com/2016/07/appeal-court-lifts-ban-hijab-lagos-public-schools/
Lagos- The special five
man panel of the Court of Appeal sitting in Lagos Thursday set aside
the judgment of a Lagos High Court that banned students in public
primary and secondary schools in Lagos State from wearing Hijab (Muslims
headscarf) with their school uniforms in a unanimous decision.
The special panel which was presided over by Justice A B Gumel held that
the appeal is meritorious and same should be allowed.
In his judgement, Justice Gumel held that the use of hijab is an Islamic
injunction and also an Act of worship hence it will constitute a
violation of the appellants’ rights to stop them from wearing hijab in
public schools.
While 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 ban of hijab is a policy of the Lagos State Government
(respondent).
The court also noted that no circular was presented before the lower
court to show that it was a policy of Lagos State stating that “he who
asserts must prove”.
The Judge further held that if there was a policy, such policy would
have emanated from the state House of Assembly and not the executive arm
of government.
However, 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.
The court dismissed the argument of Lagos State that it made exception
by allowing female Muslim students to wear hijab during prayers.
Other Justices in the five-man panel set are Justice M. Fasanmi, Justice
A. Jauro, Justice J.S. Ikyegh and Justice I. Jombo Ofor.
It would be recalled that 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 Asiyat Kareem and Mariam
Oyeniyi, who are students of Aturase Junior High School in Surelere
under the aegis of the MSSN, Lagos State Area Unit.
Dissatisfied with the judgment the appellants urged the appellate court
to set aside the judgement 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.
Following the ban, the students filed the suit on May 27, 2015, seeking
redress and asked the court to declare the ban as a violation of their
rights to freedom of thought, religion and education.
In her judgment, Onyeabor held that the prohibition of the wearing of
Hijab over school uniforms within and outside the premises of public
schools was not discriminatory.
According to her, the ban does not violate 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 that government must maintain neutrality at all times.
Onyeabor said the government therefore had a duty to preserve the
secular nature of the institutions concerned as argued by the then Lagos
State Solicitor-General, Mr Lawal Pedro (SAN).
She noted that since the public schools were being funded by the
government, it was therefore competent to issue dress codes and other
guidelines to the students.
According to her, the use of uniforms engenders uniformity and
encourages students to pursue their mutual academic aspirations without
recourse to religious or any other affiliations.
The judge observed 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.
Read more at: http://www.vanguardngr.com/2016/07/appeal-court-lifts-ban-hijab-lagos-public-schools/
Read more at: http://www.vanguardngr.com/2016/07/appeal-court-lifts-ban-hijab-lagos-public-schools/
Lagos- The special five
man panel of the Court of Appeal sitting in Lagos Thursday set aside
the judgment of a Lagos High Court that banned students in public
primary and secondary schools in Lagos State from wearing Hijab (Muslims
headscarf) with their school uniforms in a unanimous decision.
The special panel which was presided over by Justice A B Gumel held that
the appeal is meritorious and same should be allowed.
In his judgement, Justice Gumel held that the use of hijab is an Islamic
injunction and also an Act of worship hence it will constitute a
violation of the appellants’ rights to stop them from wearing hijab in
public schools.
While 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 ban of hijab is a policy of the Lagos State Government
(respondent).
The court also noted that no circular was presented before the lower
court to show that it was a policy of Lagos State stating that “he who
asserts must prove”.
The Judge further held that if there was a policy, such policy would
have emanated from the state House of Assembly and not the executive arm
of government.
However, 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.
The court dismissed the argument of Lagos State that it made exception
by allowing female Muslim students to wear hijab during prayers.
Other Justices in the five-man panel set are Justice M. Fasanmi, Justice
A. Jauro, Justice J.S. Ikyegh and Justice I. Jombo Ofor.
It would be recalled that 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 Asiyat Kareem and Mariam
Oyeniyi, who are students of Aturase Junior High School in Surelere
under the aegis of the MSSN, Lagos State Area Unit.
Dissatisfied with the judgment the appellants urged the appellate court
to set aside the judgement 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.
Following the ban, the students filed the suit on May 27, 2015, seeking
redress and asked the court to declare the ban as a violation of their
rights to freedom of thought, religion and education.
In her judgment, Onyeabor held that the prohibition of the wearing of
Hijab over school uniforms within and outside the premises of public
schools was not discriminatory.
According to her, the ban does not violate 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 that government must maintain neutrality at all times.
Onyeabor said the government therefore had a duty to preserve the
secular nature of the institutions concerned as argued by the then Lagos
State Solicitor-General, Mr Lawal Pedro (SAN).
She noted that since the public schools were being funded by the
government, it was therefore competent to issue dress codes and other
guidelines to the students.
According to her, the use of uniforms engenders uniformity and
encourages students to pursue their mutual academic aspirations without
recourse to religious or any other affiliations.
The judge observed 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.
Read more at: http://www.vanguardngr.com/2016/07/appeal-court-lifts-ban-hijab-lagos-public-schools/
Read more at: http://www.vanguardngr.com/2016/07/appeal-court-lifts-ban-hijab-lagos-public-schools/
No comments:
Post a Comment