by Isime Esene

The High Court sitting in Ikeja, Lagos, has upheld the ban on the hijab, a head scarf worn by Muslim women, in public primary and secondary schools in Lagos. This judgement was made on Friday by Justice Modupe Onyeabor who maintained that although the Constitution respects citizens’ rights to religion and association, Section 10 of the Constitution made Nigeria a secular state and that government must maintain neutrality at all times. The suit was filed by two 12-year-old girls with the help of the Muslim Students of Nigeria, MSSN, Lagos State Area Unit.

According to Justice Onyeabor, since the Lagos state government funds the schools, it reserves the right to dictate the dress code acceptable in public education in the state.  She also maintained that such action cannot be seen as a form of discrimination.

“The non-hijab wearing students will feel inferior to those who are putting on hijab,” Justice Onyeabor ruled, “The values of plurality and the respect for the rights of others who have subscribed to a non-faith based educational system cannot be breached. In that effect, the issue is resolved in favour of the respondents and the suit is accordingly dismissed.”

The plaintiffs’ lawyer, Gani Adetola-Kazeem, reacted to the ruling saying his clients would file an appeal to challenge the judgement.

“Well the court has spoken but there are still very many issues to be considered which invariably means that we will appeal the judgement,” Adetola-Kazeem said, “We are simply not satisfied with the court decision. The angle through which the court has looked at the issue is quite at variance with the provisions of the constitution. We will definitely appeal.”

The students had taken the Lagos State government to court in May 2013 after the latter banned the use of the hijab saying the outfit is not part of the approved uniform for pupils.

Trouble started in February last year when Mrs. E.C Ukpaka, the principal of Kadara Junior Grammar School, Ebute-Meta, a suburb of Lagos, flogged one of her students, Aisha Alabi, 14, for stubbornly wearing the hijab against the rule of education in the state. Following that flogging, students under the umbrella of the MSSN, barricaded the main entrance of Lagos House, the office of the state governor, Babatunde Fashola.