The Court of Appeal in Lagos on Thursday reversed the judgment of a Lagos State High Court which on October 17, 2014 banned the use of hijab (Islamic headscarf) in public primary and secondary schools in the state.
A special panel of the appellate court set up to hear the case had previously reserved its judgement on Friday, May 27.
During the panel hearing, the presiding justice, A.B. Gumel, asked parties involved in the case to update their defence documents.
Other Justices in the five-man panel set up by President of the Court of Appeal, Justice Zainab Bulkachuwa, were Justice M. Fasanmi, Justice A. Jauro, Justice J.S. Ikejegh and Justice I. Jombo Ofor.
The case was between Asiyat Kareem suing through AbdulKareem Raji; Mariam Oyeniyi through Sulaimon Oyeniyi; and Muslim Students’ Society of Nigeria (MSSN), Lagos State Area Unit through its president, Saheed Ashafa, against the Lagos State Government and others, who were respondents.
It would be recalled that Justice Amina Augie of the Court of Appeal in Lagos earlier affirmed that granting right to Muslim students to wear hijab in Lagos State 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 wanted the judgement of the lower court to be reversed, while the defendant wanted it to be upheld.
Responding to the judgement, the President of MSSN in Lagos State, Saheed Ashafa, expressed delight over the pronouncement by the court.
While saying the right to wear hijab was long overdue, Mr. Ashafa urged all parties to comply 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 been 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 Nigeria constitution (Section 36) and United Nations Charter will further strengthen public trust in 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.”
