Justice Olusola John Bamgbose who gave this judgement on Thursday after a legal battle that lasted for about one and a half years, said that it is only the fundamental human right of women to use hijab and not that of minors.
Muslim News can recall that the court of Appeal in Lagos had on July 21, 2016 ruled in favour of the use of hijab before a related case was brought before Justice Bamgbose of Court 8 in the suite number AB/5271/2018.
A nine-year-old Aishat Abdul-Aleem had in December 2018, through her next friend, Muhammadu dragged the Principal of Gateway Secondary school, Mrs Kushimo, and Ogun State Government to court for violating her fundamental human right to use the hijab while in school.
Justice Bamgbose while delivering his judgement said he did not grant the prayers of Aishat because of the fact that she is not a Muslim woman but a minor.
The judge said he hinged his decision on the interpretations of the provision of the constitutions, previous judgements in similar cases, related provisions in the Qur’an and Bible as well as scholarly definitions of the words “women” and “minors”.
On this basis, Justice Bamgbose refused the prayers in the application of Aishat sought to declare as violation of her fundamental human right, prevention of use of hijab in public schools in Ogun state.
He added that because Aishat, who is now 11, is a minor, prevention to use hijab was not discriminatory.
The Ogun State chapter of the Muslim Lawyers Association of Nigeria (MULAN) led by Chief S.A Akinbami had sought the relief of the court to declare as violation of the fundamental right, the prevention of Aishat to use hijab in public school in the state.
Other prayers refused to be granted by Justice Bamgbose of Court 8 include “Perpetual injunction restraining the state government and its officers from further interfering or infringing on the fundamental human rights of Aishat to use hijab in the exercise of her rights.
“A declaration that the punishment or humiliation of the applicant by the respondents as a result of the use of hijab within the school premises is a violation of the applicants fundamental rights to freedom of thought, conscience and religion, freedom from discrimination and right to the dignity of the human persons and right to education.
“A sum of one million Naira (N1,000,000.00) in damages against the Respondents jointly and severally for the anguish, inhumane treatment, harassment and hardship suffered by the applicants as a result of the defendant’s action,” he added.
The Counsel of one of the respondents, Akintola O., while referring to Chapter 24 verses 30-31 of the Qur’an, argued that, “Except the Applicant can show where in the Glorious Quran the hijab is made compulsory for minors, she cannot claim the benefit of the above quoted verse or claim that the wearing of hijab is her fundamental right in any way…”
The lawyer to the Applicant, Chief Semiu Akinbami replied on points of law in addition with “The following provisions of the Holy Qur’an which makes the wearing of hijab mandatory on every Muslim female in public places. See the following: (a) Quran chapter 17 verse 45 (b) Quran chapter 24 verse 31 (c) Quran chapter 33 verse 59.”
In her written address on behalf of the Ogun State Governor and three other respondents, a copy received by Muslim News, the State Solicitor-General and Permanent Secretary of Ministry of Justice, Mrs Y. Oresanya argued that the insistent of the use of hijab by Aishat and her parents in public school amount to “imposing their religious leanings as regards mode of dressing…”
The judge had adjourned the case for definite judgement today after the Amicus Curiae (Friend of the Court), Mr Hibatullahi-Salako adopted his written address for consideration.
Reacting to the judgement, one of the counsels who represented the applicant in court, Mr.Saliu Bakare said the team of Lawyers from MULAN will review the judgement and come up with the next line of action.
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