BREAKING NEWS, Education, Featured
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Christians and Moslems, who have co-existed peacefully in Lagos and Osun States, south-west Nigeria, are now squabbling over the use of hijab in public schools
| By Anayo Ezugwu | Aug 8, 2016 @ 01:00 GMT |
INTER-RELIGIOUS crises in Nigeria mostly happen in the northern part of the country, where the majority of the country’s Muslims live, along with a sizeable Christian minority. But in the past few months, religious tensions have reared its ugly head in Lagos State, known for its cosmopolitan nature and Osun State in South West Nigeria. The bone of contention between the Christians and Moslems in the two states is the recent court rulings unbanning the wearing of Hijab in public schools.
The Court of Appeal sitting in Lagos, on Thursday, July 21, set aside the judgment of a Lagos High Court that banned students in public primary and secondary schools in the state from wearing hijab over their school uniforms in a unanimous decision. The special panel which was presided over by Justice A. B. Gumel held that the appeal is meritorious and same should be allowed.
In his judgement, Justice Gumel held that the use of hijab is an Islamic injunction and also an Act of worship hence it would constitute a violation of the appellants’ rights to stop them from wearing hijab in public schools. While resolving all the five issues in the suit in favour of the appellants, the appellate court held that the lower court erred in law when it held that ban of hijab is a policy of the Lagos State government. The court also noted that no circular was presented before the lower court to show that it was a policy of Lagos State, stating that ‘he who asserts must prove.’
The judge further held that if there was a policy, such policy would have emanated from the State House of Assembly and not the executive arm of government. The court held that the fundamental human rights of female Muslim students as enshrined in section 38 (1) of the 1999 Constitution was violated by the respondent. It therefore dismissed the argument of Lagos State that it made exception by allowing female Muslim students to wear hijab during prayers.
It should be recalled that Justice Modupe Onyeabor of an Ikeja High Court had on October 17, 2014, dismissed the suit instituted against the Lagos State Government by two 12-year-old girls Asiyat Kareem and Mariam Oyeniyi, who are students of Aturase Junior High School in Surelere under the aegis of the MSSN, Lagos State Area Unit.
Dissatisfied with the judgment, the petitioners moved to the appellate court, urging it to set aside the judgement and protect their constitutional rights. 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, 2015, seeking redress and asked the court to declare the ban as a violation of their rights to freedom of thought, religion and education.
Mixed reactions have greeted the court judgement depending on which religious divide one belongs to. Whereas some Muslim leaders and groups applaud the ruling, saying it is a victory for Islam, Christian groups deplore it.
Muhammad Saad Abubakar, Sultan of Sokoto and president general of the Nigerian Supreme Council for Islamic Affairs, on Friday, July 22, said the recent ruling of the Court of Appeal in Lagos, that granted freedom for female Muslims in primary and secondary schools to wear hijab was the affirmation of what was in the Constitution of the country
Abubakar stated this in Ilorin, Kwara State capital, while speaking with journalists on the state of the nation. He said the ruling didn’t grant any favour to the Muslim worshipers. He, however, tasked Muslims across the country to remain steadfast concerning forthcoming legal issues on the same matter.
The Sultan said, “Muslims are not forcing any one to use the hijab; the only condition I would advocate action by Muslims against anyone or nation is if such individual or nation attempts to stop adherents from practising their faith. We are not forcing anybody to use hijab but whoever wants to use hijab must be allowed to use hijab.
“You are not doing a favour to us by allowing the Constitution or maintaining the Constitution of this country but I think it is important to commend the tenacity and process of the Muslims Students Society, MSS, because that shows that we Muslims are very patient, and we are very law abiding. We await outcomes of cases in court and whatever.”
The Muslim Rights Concern, MRC, leading Muslim group in Nigeria has welcomed the court ruling. The group said the Lagos Court of Appeal’s ruling was a victory for the rule of law. “The fact that the judgment was unanimous and only two of the five judges are Muslim leaves a firm stamp of authority on the legality of the use of hijab not only by female Muslim students but also by all Muslim women in the country,” the MRC said.
However, the Christian Association of Nigeria, Lagos State chapter, Friday, July 22, expressed its displeasure on the decision of the court to allow Muslim female students to wear Hijab in government funded schools.
A statement signed by Israel Akinadewo, secretary of the chapter, said Lagos State is a cosmopolitan state which has witnessed peace and development over the years majorly because of the good relationship between Christian and Muslim leadership, and their cooperation with successive governments. “Some of these public schools are missionary schools, bearing Christian names, hence any implementation of this judgement is tantamount to Islamising the state of excellence,” he said.
According to the statement, Christian and Muslim leaders are both members of Nigeria Inter Religious Council, NIREC, in Lagos, and “we have worked perfectly well together. We can only appeal to the State government to take all legal steps immediately, in reversing this judgement, before the Mega City vision for Lagos State is destroyed through religious extremism.
“There should be a standard dress code for all to be made public for all students who attend public schools in Lagos State. Tax payers monies are used for the establishment and running of these schools, hence religious dress codes should not be allowed under any circumstance. This is even with the fact that religious bodies can establish private schools, and the demands of their religion can then be effectively implemented.”
The Court ruling in Lagos is coming on the heels of a similar one in June by the High Court in Osun State which lifted the ban on Muslims girls wearing the hijab. This caused religious tension in the state with some Christian boys wearing church robes to school. Some wore maroon choir robes and others donned ankle-length white garments.
Their action was a response to the state’s branch of CAN which earlier urged them to do so if the state governor implemented the court ruling unbanning hijab in public schools built by missionaries.
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