Hijab Ban: Judge gives September 26 for judgment

Justice Modupe Onyeabo of the High Court of Lagos State, today set aside September 26, 2014 to deliver judgment in an action instituted by the Muslim Student Association of Nigeria (MSSN) against the Lagos State Government over the use of Hijab by female Muslim students in the state’s primary and secondary schools.

The judge's decision came shortly after Lagos State Attorney General (AG) and Justice Commissioner, Ade Ipaye and lawyer to the MSSN, Adetola-Kaseem (SAN) argued and adopted their written submissions.

It would be recalled that MSSN had dragged the state government before the judge over the restriction of the use of the Hijab, on the reason that it violates their fundamental human rights.

The plaintiffs equally maintained that banning female students from using Hijab on or outside the premises of any educational institution in Lagos State is, "Wrongful and unconstitutional." 

The MSSN had filed the action against the state government along with two pupils, Miss Asiyat Abdulkareem and Miss Maryam Oyeniyi, who are the first and second applicants respectively.

The two pupils, who are students of Atunrashe Junior High School, Surulere, Lagos State joined the suit as claimants through their fathers – Alhaji Owolabi Abdulkareem and Mr. Suleiman Oyeniyi.

At Friday's sitting on the matter, the MSSN lawyer insisted that the essence of wearing Hijab by Muslim female is to prevent them from tempting people of the opposite sex or being tempted by them and also to protect their chastity.

Adetola-Kaseem equally argued that from Islamic point of view, womanhood is determined not by biological age or marriage but by the time a person has attained the age of puberty. He also explained  that scientifically and from experience, the attainment of puberty varies between individual, with an addition that some female attain puberty as early as the age of nine years while others attain puberty at the age of 13 or more.

The SAN also said it is mandatory for all Muslim who have attained puberty to participate fully in the practice of Islam, including Islamic dressing mode, worship and fasting.

He then urged the judge to grant the application because according to him, the position of the Lagos State Government violate the religious rights of the applicants and it is the duty of the court to protect them.

However, Lawal Pedro (SAN) who argued on behalf of the Justice Commissioner in responding stated that
the wearing of uniforms in public primary and secondary schools is for identification of students from different schools in Lagos and that the standardised set of dress for students is meant to encourage a sense of unity, discipline organisations and orderliness in the schools.

Pedro, who is also the State Solicitor- General further posited that the clamour and demand for compulsory use of Hijab on top of school uniform by Muslim girl students in Lagos is a recent development.

The senior lawyer also informed the judge that the state has taken a decision not to allow the use of Hijab in its schools on the ground that any deviation from the prescribed uniform for any religious, cultural or personal reason will bring about and encourage group affiliations, promote prejudice and weaken the sense of unity amongst students.

According to Pedro, "We believe that the new state policy on Hijab is reasonable, justifiable in a multi religion state like Lagos and Nigeria. The application lacks merit and should be dismissed because the Quarantine injunction or Islamic law which prescribes the use of Hijab in public for Muslim is made mandatory for woman not children."

Defendants in the suit includes: The Lagos State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, and Commissioner for Education, Mrs. Olayinka Oladunjoye, Commissioner for Home Affairs and Culture, and Mr. Oyinlomo Danmole.