The Muslim Students Society of Nigeria,
Lagos State Area Unit has frowned at the
judgement delivered by Justice Grace
Onyeabo of the Ikeja High Court, Lagos on
the ban of hijabs in primary and secondary
schools in the state.
Onyeabo had on Friday, September 17, 2014
dismissed and ruled against the use of hijab
in schools, claiming it would affect the
secular nature of Lagos State.
The judge, a christian, neglected and rejected
numerous arguments presented to her,
during the about two-year case, that sections
of the Nigerian constitution and international
laws guaranteed the freedom of religion,
thoughts and conscience.
It will be recalled that MSSN Lagos had
approached the court to seek end to the
humiliation and harassment of female
Muslims from using hijab.
One of the scenarios of harassment stated by
the group was that on February 5, 2013,
Aisha, a JSS II student of Kadara Junior High
School, Ebute Metta was flogged forty three
(43) strokes of cane on the assembly ground
by her principal, Mrs. E.C Ukpaka, because
Aisha did not to remove her Hijab after
coming out of Islamic Religious Knowledge
class, where it is ordinarily permitted to
adorn Hijab.
MSSN Lagos also mentioned that on February
20, 2013, Bareerah Tajudeen of Mafoloku
Senior Grammar School, Oshodi had her
Hijab removed and trampled upon by her
principal, Mrs. Elizabeth Omidele, outside
the school premises.
However, the society, through a press
statement by its President, Alhaji Kaamil
Kalejaiye said it rejected the judgement.
Kaamil explained that dismissing such a case
with constitutional backings as grounds
further proved the level of oppression and
discrimination against Muslims.
He said, “It is shameful that the judge denied
us a right that is not only Godly but
constitutionally stated. Do we call that a
misinterpretation of the constitution or rape
of the code of law. We want to believe that
the judge is not higher than the constitution
and dictates of the constitution must stand at
all times. While we remain undaunted and
won’t relent on our moves to get female
pupils dress accordingly because it is their
right, we reject in totality the judgement and
urge every muslims to do so too.
“We are simply demanding our right and not
a favour. This is one of the evils that has
continued to dominate the Raji Fashola’s
administration. By Allah’s will, the Governor
and his anti-Islamic and oppressive policies
will not be allowed to stay. Categorically,
muslim students in Lagos are the worst hit by
most of his policies and Allah’s willing in
2015, any party who has continuously denied
us of using Hijab will be denied our votes.
“We have started the sensitisation and
mobilisation for our members, sympathizers
and well-wishers which include parents and
families of our members of over 4million
here in Lagos to be politically ready for
protest votes against anti-Islam parties come
2015 and Allah on our side we shall
overcome.
“This is shockingly an evil from man to man
and If some people or government think they
can influence judgement on earth, they can’t
in heaven. After demolishing mosques,
cremating dead people, the state still wants
to continue to encourage immoral dressing, it
will fail! What it signifies to refuse Hijab is
simply that you are asking our female pupils
to begin to dress nakedly. It is shameful that
we have found ourselves in a state where
wrong acts are seen as the correct by some
elements.”
Kalejaiye insisted that the judgement would
not have been fairly arrived at, giving the
stance that the defendant lawyer, Femi Pedro
(SAN) had in one of his positions argued and
recognised the use of Hijab.
He also said since the government said it
would allow the use of Hijab during Islamic
Religion Knowledge classes and Jumaat
prayer, the Judge should know that it was a
permissible dressing ethics for female
Muslims.
He added, “It is embarrassing to hear the
judge say that allowing the freedom of
religion for Muslims would affect faithful of
other religions. This seems to be absolutely
out of point as the mode of practise and
doctrines of every religions are different.
And the judge should have identified in the
argument of the government counsel that
Hijab is compulsory for Muslim females.
“It will be recalled that the government’s
lawyer, Femi Pedro (SAN), had conceded that
Hijab was “compulsory for Muslims that are
adults”. But how does he want an adult to
begin to use what he/she has not been
practicalising from youthful age? Of what
use would it be to encourage muslim females
to dress naked during their youthful age and
covered when they grow? Islam is a perfect
religion and it does not encourage any form
of irregularities.
“There is contradiction between the judge
and the provisions of the constitution
because while the judge claims that Nigeria is
a secular state, the constitution recognises
two major religions, which are Islam and
Christianity. It must be noted that the
government finances the schools with tax
paid by our parents and indirect tax by us so
we have the right to demand for our right in
our schools. The government is only allowed
to make policies that are within the confines
of the constitution and not to its favour.
“Even when we understand that this is a
Christian agenda, we warn the judiciary not
to compound the immoralities and
segregation against Muslims as promoted by
the present state governor and his party. No
wonder all those in the educational and
judicial sectors are Christians plotted to
deny Muslims of their rights.”
Female President of the group, Hajia Hafsah
Badru, added that since the secularity of the
states that granted it was not disturbed,
there was no basis for that to be a cause for
denying the constitution to take its stand.
“It is mostly painful to us that the judge
refused to recognise or state any punishment
or defense for further oppression and
harassment of female pupils. Our lawyer had
told her how some of our pupils (claimants)
were beaten and molested but no substantial
comment was made on that.
“Some states in the South-West which
include Ekiti have granted the use of Hijab in
their schools and they don’t have problem
with maintaining their secularity as claimed
by the judge. Why should Lagos be different?
Wearing hijab is a constitutional act, must be
allowed and seen as such,” she added.
MSSN Lagos counsel, Chief Gani Adetola-
Kassim (SAN), had after the judgement said
an appeal would be filed.
He said, “Well the court has spoken there are
still very many issues to be considered which
invariably means that we will appeal the
judgment.
“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.”
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