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Lagos Hijab Case: Court fixes September 26 for judgement

Adetola (SAN)
Adetola (SAN)

The Ikeja Division of the Lagos State High Court has fixed September 26, 2014, to determine whether or not the use of hijab (Muslim head-scarf) should be allowed by Muslim students in public schools in Lagos state.
Justice Grace Modupe Onyeabo made this pronouncement on Friday, July 4, 2014, after hearing both the respondents (The Muslim students) and defendants (Lagos State government) argued their cases.
In the 24 paragraph counter affidavit presented by the counsel to the Muslim students, Adetola Kazeem (SAN) said the use of hijab is a compulsory religious obligation for Muslim ladies who have reached puberty, which is not applicable to women alone.
Hijab, he said, is Allah’s injunction as stated in the Holy Quran, as well as our fundamental right as fully established in the Constitution.
He however said, “We are not demanding for a full length hijab, we have exhibited a photograph of a sample of the hijab, which still represents their school identity. The colour of the hijab can conform with the school uniform. All we want is for the

students to be allowed to use hijab. If beret and caps are allowed for female students, hijab shouldn’t be an exception.”
Counsel to the Lagos State government, Mr. Lawal Pedro (SAN), while reacting to the counter affidavit argued that the compulsory use of hijab as stipulated in the Holy Quran specifically refers to Muslim women in public and not female students enrolled in public schools, who are not adults.
Pedro (SAN) spoke further that the matter has nothing to do with religious discrimination rather a way of ensuring standard uniform among students in public and secondary schools in Lagos.
“The state has decided, base on concession, to accommodate the use of hijab in public schools on school uniform by female Muslim students who wish to wear it only during Islamic religious knowledge classes, solat (prayers) and jumat (Friday) prayers.”

Kalejaiye
Kalejaiye

The Muslim students, through their lawyers, however not satisfied with the concession, insisted that the issue of hijab is not negotiable. Apart from the fact that it’s their fundamental right to freedom of religion as enshrined by the section 38 of the Constitution of Nigeria, it’s also Allah’s injunction as firmly established in the Quran, not formulated by anyone.
Justice Onyeabo therefore adjourned to September 26, 2014, for judgement.
In a chat with ENCOMIUM Weekly, the Amir of Muslim Students’ Society of Nigeria (MSSN), Lagos State Area Unit, Engr. Kameel Kalejaiye thanked Muslims in Lagos state and beyond for the ceaseless support since the case began a year ago, stressing that, “We are very optimistic that the judgement would be in our favour because it’s our fundamental rights.”
He however stated, “In case we lose it, we’ll definitely appeal at the Supreme Court. It’s not only our right, but Allah’s injunction as contained in the Holy Quran that made it compulsory on Muslim ladies to put hijab.”
While this case is still in court, Engr. Kameel Kalejaiye said the harassment of our female members continued. “Few weeks ago in Wesley College, Yaba Local Government, one Mrs. Babayemi, a teacher in the school seized the hijab of a female student for holding it after the school hours. It took the intervention of a Muslim teacher who saw the student crying before the hijab was released.
“A similar case also happened in Otto-Awori Secondary School between the school Principal and a student.”
Kalejaiye, however, urged its members, who thronged the Ikeja High Court, not to relent, vowed that MSSN will continue to uphold the struggle to enshrine the fundamental human rights of its members as guaranteed by the Constitution of the Federal Republic of Nigeria.

TUNDE FASHOLA
TUNDE FASHOLA

The case first appeared in court on Children’s Day, May 27, 2013, after reported cases of alleged harassment of female Muslim students on hijab by some principals in Lagos secondary schools, before it was adjourned to July 10, 2013, due to the state government’s excuse of no defence, thereby sought for out of court settlement. The case was further adjourned to October 28, 2013, for the third time.
By October 28, the hope of the Muslims was dashed again; following the transfer of the case from the former judge, Justice Oyewole to another judge, Justice G.M Onyeabo, who fixed November 23, 2013 for fresh hearing, for the fourth time. It was again adjourned from December 19 to February 12, 2014, due to valedictory service of a late judge, which all the judges attended.
Justice Onyeabo has adjourned the case on two occasions, between April 23 and June 18, 2014, before hearing finally commenced on July 1, 2014.

– RASHEED ABUBAKAR

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