Justice Modupe Onyeabor dismissed the suit instituted against the Lagos State Government by two 12-year-old girls under the aegis of the Muslim Students of Nigeria, Lagos State Area Unit.
The government had banned the use of Hijab on the argument that it was not part of the approved school uniform for pupils.
Following
the ban, the students filed the suit on May 27, 2013, seeking redress
and asked the court to declare the ban as a violation of their rights to
freedom of thought, religion and education.
In
her judgment, Onyeabor held that the prohibition of the wearing of
Hijab over school uniforms within and outside the premises of public
schools was not discriminatory.
According to her, the ban does 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
and that government must maintain neutrality at all times.
Onyeabor
said the government therefore had a duty to preserve the secular nature
of the institutions concerned as argued by the Lagos State
Solicitor-General, Mr Lawal Pedro (SAN).
She
noted that since the public schools were being funded by the
government, it was therefore competent to issue dress codes and other
guidelines to the students.
According
to her, the use of uniforms engenders uniformity and encourages
students to pursue their mutual academic aspirations without recourse to
religious or any other affiliations.
The
judge, however, observed that the uniformity sought by the government
in the issuance of the dress code would be destroyed, should the prayers
of the plaintiffs be granted.
“The non-Hijab wearing students will feel inferior to those who are putting on Hijab.
“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,’’ Onyeabor said.
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