Two minors and the Muslim Students' Society of Nigeria have sued the Lagos State Government for allegedly banning Muslim female students in public secondary school from using Hijab (head covering for female Muslims).
The minors – Miss Asiyat Abdulkareem and Miss Maryam Oyeniyi – who are the first and second applicants respectively, are 12 years old and pupils of Atunrashe Junior High School, Surulere, Lagos State.
The minors, along with MSSN, are suing the government through their fathers – Alhaji Owolabi Abdulkareem and Mr. Suleiman Oyeniyi.
They filed the matter before Justice Olubunmi Oyewole of a Lagos High Court, Ikeja.
Joined as respondents in the suit are the Lagos State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye; Commissioner for Education, Mrs. Olayinka Oladunjoye, and Commissioner for Home Affairs and Culture, Mr. Oyinlomo Danmole.
The applicants, through their counsel, Mr. M Sanni, contended that banning female students from using Hijab on or outside the premises of any educational institution in Lagos State "is wrongful and unconstitutional".
They are urging the court to declare the act as "wrong and unconstitutional as same constitutes a violation of their (the applicants') rights to freedom of thought, conscience and religion, freedom from discrimination and rights of human persons and right to education."
They are seeking the court to give an order of perpetual injunction restraining the respondents from "further interfering or infringing in any manner on the fundamental rights of the first and second applicants and other female Muslim students"
They also contended that it violates Article 2, 5, 8, 10, 17 and 19 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act CAP A9, Laws of the Federation, 2004).
At the proceedings before Justice Oyewole on Monday, counsel for the state government, Mr. Samuel Ajanaku, told the court that the state had yet to file any processes (court papers) in the suit.
He sought for time to enable the state government explore an out-of-court settlement of the matter.
The judge, who urged parties in the suit to explore the dialogue option, subsequently adjourned the case till July 10 for them to report progress in the matter to the court.
Meanwhile, Nasrul Lahi-L-Fatih Society Nigeria on Monday urged the government to review and rescind the alleged ban, saying it was offensive to the Islamic faith and its followers.
The society, in a press statement, said, "Many tax-paying Muslims in the state may be denied the right to free education in public schools for their daughters for mere reason that they would wish that their daughters dress in line with the dictates of their religion. This in our view will present gross injustice to the Muslims."
NASFAT advised that consultation and dialogue be used to resolve the issue.
The Punch