The Supreme Court of Nigeria on Friday granted the use of hijab by female Muslim students in Lagos State Government public schools.
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.
In a split decision of five to two on Friday, a seven-member panel of the Supreme Court affirmed the July 21, 2016 judgment of the Court of Appeal, Lagos, which set aside the October 17, 2014 judgment by Justice Grace Onyeabo of the High Court of Lagos State, which upheld the hijab restriction.
It declared that Muslim students can wear hijab in Secondary schools.
The lead majority judgment was written by Justice Kudirat Kekere-Ekun and was read on Friday by Justice Tijani Abubakar. It dismissed the appeal filed by Lagos State against the 2016 judgment of the Court of Appeal, Lagos, on the grounds that the appeal was without merit.
“The issue before the court is narrow. It is on the wearing of hijab to school by Muslim children. The appeal is against the decision of the lower court,” Justice Abubakar noted.
“In conclusion, I hold that the appeal is devoid of merit. It is hereby dismissed in its entirety,” he quoted Justice Kekere-Ekun as saying.
“The judgment of the lower court, delivered on the 21st day of July 2016 is affirmed. The parties shall bear their respective costs in this appeal.”
The court dismissed an appeal by the Lagos State Government and upheld the earlier judgment of the Court of Appeal which held that the ban on hijab was discriminatory against Muslim students in the state.
In his lead judgment, Justice Kudirat Kekere-Ekun declared that the ban on hijab was discriminatory against Muslim students in Lagos State.
The Court held that the ban was a violation of the Muslim students’ rights to freedom of thought, conscience, religion, the dignity of human persons, and freedom from discrimination guaranteed by the Nigerian 1999 Constitution.