The court refuted claims that hijab wearing could spark religious disputes

By Khedr Abdel Baki, IOL Correspondent

ABUJA, November 20 (IslamOnline.net) – Nigerian Muslims hailed a court ruling against a decision by the Lagos state government banning hijab in state schools under claims of inciting sectarian division in the country.

The verdict deals a serious blow to continued attempts to ban hijab in Nigeria, especially in southern areas, Abdul Wahab Baba Nafae, a Muslim activist, told IslamOnline.net Saturday, November 20.

“Some fanatic Christians have been resorting to such attempts [to ban hijab] after failing to contain the growing Islamic tide in Nigeria,” he said.

“They should abandon their provocative schemes and respect the rule of law. We are only exercising our constitutional rights.”

The activist recalled that similar legal actions has been taken in several Nigerian states to ban hijab in public schools.

Baseless Claim

The Lagos High Court ruled on Thursday, November 18, that no party or person can force Muslim girls to take off their hijab which, it maintained, is part and parcel of personal freedoms.

In October, the Lagos National Institute of Health and Technology banned Muslim students from entering classrooms, a decision backed by the state government.

Students Fatimo Abidemi Razak, Titilayo Sanni, Idiatu Asabi Ayinde and Sunbo Bada challenged the decision with the high court, asking that the ban be declared illegal and a breach of their rights.

Judge Olubunmi Oyewole of the High Court ruled that the ban was a breach of articles 38 and 42 of the Nigerian constitution.

He further said the institution failed to prove how hijab could spark a religious conflict.

The judge underscored that the institute, a public school funded by tax payers and owned by the Lagos state government, cannot operate outside the provisions of Constitution.

Refuting arguments that the students ought to abide by the institute’s regulations expressed in their admission letters, Oyewole said they did not waive their rights to their religious beliefs and practice merely because they accepted the admission letters.

According to official statistics, 55% of Nigerians are Muslims while 40% are Christians.

However, other estimates indicated that Muslims make up some 65 percent of the country’s 133 million population.

Twelve of Nigeria’s 36 states have gradually applied the provisions of  Shari'ah since the return of democracy to the country in 1999, despite the fierce opposition from the federal government.

Hijab

Islam sees hijab as an obligatory code of dress, not a religious symbol displaying one’s affiliations.

The issue of wearing hijab caught world attention after France adopted a controversial law banning hijab in public schools, which came into effect in September.

The decision, branded as “discriminatory” by the Human Rights Watch (HRW), left many Muslim school girls tormented between religious obligation and education needs.

In October, Cennet Doganay,  15, took off her hijab as she was entering the Louis Pasteur Lycee high school in Strasbourg, eastern France, only to reveal a bald head.