There was jubilation at the premises of the Court of Appeal in Lagos on Thursday after the court granted Muslim students the right to wear Hijab (Islamic headscarf) in public primary and secondary schools in the state.
President of the Court of Appeal, Justice Zainab Bulkachuwa, had set up a five-man panel to hear the case after it was struck out by a Lagos High Court.
Justice A.B. Gumel heads the panel.
Other members are Justice M. Fasanmi, Justice A. Jauro, Justice J.S. Ikejegh and Justice I. Jombo Ofor.
The applicants are Asiyat Kareem, Mariam Oyeniyi and Muslim Students’ Society of Nigeria, Lagos State Area Unit.
The Lagos State Government, the Attorney-General and Justice Commissioner, Solicitor General and others are the respondents.
It would be recalled that Justice Amina Augie of the Court of Appeal in Lagos had earlier affirmed that granting of the right to Muslim students to wear Hijab in Lagos schools needed constitutional interpretation.
Justice Augie, while granting the right to hear a case on the Hijab matter on May 3, asked the appellants to write the President of Appeal Court to set up a full court (of five justices) to hear the case.
In the case, the appellants want the judgement of the lower court to be reversed, while the defendant wants it to be upheld.
While reading the judgement, Justice Gumel said Muslim students had the right to wear hijab because it was part of their uniform.
He set aside the verdict of the lower court (Lagos State High Court), which earlier disallowed the use of Hijab.
Responding to the judgement, the President of Muslim Students’ Society of Nigeria in Lagos State, Saheed Ashafa, expressed delight over the pronouncement by the court.
While saying the right to wear Hijab was long overdue, Ashafa urged all parties to act in accordance with the judgement.
He said: “This is victory for Islam.Victory to Muslims. The words of Allah have come to pass. We are glad that there are few judges whose neutrality has not be stained by sentiment.
“We wonder why we had to face so many challenges before our right is granted. This recognition and truthful interpretation on freedom of religion as enshrined in the Nigerian constitution (Section 36) and United Nations Charter, will further strengthen public trust on the judiciary.
“Today will remain historic in the life of every Muslim in Lagos and Nigeria as a whole. We will remain law abiding and appeal to all and sundry not to act in ways and manners that are contrary to the judgement.
“This should mark the end to harassment, embarrassment, victimisation, cheat and all acts of wickedness unleashed on Muslim female students who wear the Hijab.”
Also, Amirah of MSSN in Lagos State, Hafsah Badru, described the Hijab as a religious garment, which should be put on at all times.
“Justice can never prevail over injustice, truth will always prevail over falsehood; the commands of Allah are supreme over all man-made laws. Allah is the Greatest. We have not asked anyone not to observe their religious right in respect to legality, we have only asked that ours should not be tampered upon, and as Allah wants it, we have the right granted,” she said.
