Muslim women can wear hijab in public schools, Supreme Court rules

The Supreme Court has set aside, the restriction the Lagos state government placed on the use of hijab by female Muslim students in its public primary and secondary schools.

In a split decision of a seven-man panel of Justices, of five to two, the Apex court affirmed the earlier decision of the Lagos Division of Court of Appeal, which nullified a High Court judgement that banned female students from wearing Hijab with their school uniforms.

The court, in its lead majority verdict prepared by Justice Kudirat Kekere-Ekun but read by Justice Tijani Abubakar, dismissed as lacking in merit, an appeal Lagos state government lodged against the Court of Appeal decision.

The court gave the judgment in an appeal – Lagos State Govt. and Ors V. Asiyat AbdulKareem with suit number SC/910/16 – on Friday in Abuja.

The court dismissed an appeal by the Lagos 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 the state.

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In a spilt decision, the Supreme Court of Nigeria has ruled that Muslim students can wear hijab in Secondary schools.

Justice Kudirat Kekere-Ekun held that the ban on 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 Amir (President) of the Muslim Students’ Society of Nigeria, Lagos State Area Unit, Miftahudeen Thanni, and other members of the organisation seen shouting “God is great”.

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.

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.

The case, CA/L/135/15, is between Lagos State Government, Miss Asiyat AbdulKareem (through her father), Miss Moriam Oyeniyi and the Muslim Students’ Society of Nigeria.