Full Appeal Court panel for Hijab ban appeal

The Court of Appeal, Lagos Division, yesterday adjourned for its full panel to consider the ban on the wearing of Hijab in public primary and secondary schools in Lagos State.An Ikeja High Court upheld the ban, which it said was not discriminatory.

A three-man panel led by Justice Amina Augie told the applicants, Asiyat AbdulKareem and Maryam Oyeniyi and the Registered Trustees of the Muslim Students’ Society of Nigeria (MSSN) that the matter was sensitive, noting that the three justices were Muslims.

Justice Augie said: “The appeal is very sensitive since it involves the right of the applicants, who are Muslims, to wear the hijab over their school uniform in accordance with Quranic injunction. We are a three-man panel, and more importantly, an all-Muslim panel.”

She added that if the three justices went ahead to hear the appeal, it could raise issue of bias.

Responding to an observation by the applicants’ counsel, Chief Gani Adetola-Kazeem (SAN), Justice Augie said: “Any way the decision goes, we would be under fire. We’re protecting ourselves as much as we are protecting you. It is a very sensitive matter that will most likely still get to the Supreme Court.”

The court held that it is a constitutional case, which a five-man panel should hear.

It directed the applicants to apply to the President of the Court of Appeal for a five-man panel to hear it.

On October 17, 2014, Justice Modupe Onyeabor of an Ikeja High Court dismissed the suit instituted against the Lagos State Government by the two pupils under the aegis of the MSSN, Lagos State Area Unit.

The government banned the use of Hijab because it is not part of the pupils’ approved school uniform.

The pupils filed the suit on May 27, 2013, seeking a declaration that the ban is a violation of their rights to freedom of thought, religion and education.

In her judgment, Justice Onyeabor held that the ban did 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, adding that government must be neutral always.

She said the government has a duty to preserve the secular nature of the affected institutions as argued by former Lagos State Solicitor-General Mr Lawal Pedro (SAN).

Justice Oyeabor said the government could issue dress codes and other guidelines to the pupils because it funds the schools.

According to her, the use of uniforms engenders uniformity and encourages pupils to pursue their mutual academic aspirations without recourse to religious or any other affiliations.

The judge said that the uniformity sought by the government in coming up with the dress code would be destroyed, if the prayers were granted.