Supreme court rules that schoolgirls can now wear the hijab as part of their uniform

MUSLIM girls on Lagos State government-owned schools are now free to wear the head covering the hijab while in school after the Supreme Court of Nigeria ruled that their use was legal in a split decision this afternoon.

In its ruling in the case involving the Lagos State Government and Asiyat AbdulKareem, the court dismissed an appeal by the 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 a split decision, the Supreme Court ruled that Muslim students can now wear hijabs in secondary schools across the country.

Justice Kudirat Kekere-Ekun held that the ban on the hijab was discriminatory against Muslim students in Lagos State in the 80-page lead judgment. Other Justices on the panel were Justice Olukayode Ariwoola, Justice John Inyang Okoro, Justice Uwani Aji, Justice Mohammed Garba, Justice Tijjani Abubakar and Justice Emmanuel Agim.

Wild jubilation greeted the verdict with the president of the Muslim Students’ Society of Nigeria (MSSN), Lagos State Area Unit, Miftahudeen Thanni and other members of the organisation seen shouting God is great. They celebrated the fact that 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.

In 2014, 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.

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 were members of the MSSN, Lagos State Area Unit. In her judgment, Justice 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 and won and that verdict has now been upheld by the highest court in the land.