Six months after the judgement of the Supreme Court upholding the right to use Hijab by female students in Lagos State government-owned schools, the State Government has issued a circular approving the use of the hijab in the State.

In a three-paragraph circular issued on Monday and signed by the State Head of Service, Hakeem Muri-Okunola, a copy of which was obtained by HorizonTimes, the government directed that all willing students should be allowed to use the Hijab.

According to the government, the judgement is binding on all school in Lagos State.

Titled ‘Supreme Court Judgement on the use of Hijab in Lagos State Schools’, the government promised to issue a comprehensive guideline on the use of the Hijab in the Schools.

The circular with reference number CIR/HOS/’22/Vol.1/068 reads, “It is hereby notified for general information that the Supreme Court Judgement SC.910/2016 delivered on the 17th of June 2022 on the use of Hijab as it affects Pupils/Students in Lagos Schools has declared that Students should be allowed to wear hijab if desired.

“A comprehensive Guideline on the use of Hijab in Schools will be issued by the State Government in due course however you are to note that the judgement is binding on all schools in the State.

“As a law abiding administration, all Accounting Officers are to note the content of this Circular for immediate compliance and give it the deserved Service-wide publicity.”

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

Following the ban, the students filed the suit in 2015, seeking redress and asked the court to declare the ban a violation of their rights to freedom of thought, religion and education.

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

Justice Grace Onyeabo of the High Court of Lagos State had issued Hijab restriction order in 2014, but same was set aside by the court of Appeal, Lagos in 2016.

The Lagos government appealed the court of appeal judgement at the Supreme Court but same was dismissed for lack of merit by a split decision of five to two.

Justice Kudirat Kekere-Ekun, who wrote the lead majority judgment, which was read by Justice Tijani Abubakar, dismissed the appeal by Lagos State against the 2016 judgment of the Court of Appeal, Lagos.

The current Chief Justice of Nigeria, Justice Olukayode Ariwoola, was amongst the justices who determined the case.

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 Background

Lagos high court bans hijab in 2014

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.

Dissatisfied, the students urged the appellate court to set aside the judgment and protect their constitutional rights.

 

Appeal court upholds use of hijab in 2016

A five-man special appellate court panel, presided by Justice A.B. Gumel, had on July 21, 2016, overruled the October 17, 2014 judgment of Justice Modupe Onyeabo of the Lagos State High Court in Ikeja.

While striking down Justice’s Onyeabo’s verdict, the Justice Gumel panel had held that the ban on hijab was discriminatory against Muslim pupils in the state.

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

The Justice Gumel also held that wearing the hijab was an Islamic injunction and an act of worship required of Muslims.

He said the use of hijab by Muslim pupils could not cause disunity, distraction and discrimination against students of other faiths as declared by the lower court judge.

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 (respondent).

 

Supreme Court o the rescue

The Lagos State Government had in February 2017 approached the Supreme Court to challenge the July 21, 2016 judgment of the Court of Appeal which reinstated the use of hijab.

This was after the state government sought to stay the execution of the judgment at the Lagos Division of the Court of Appeal but failed.