Muslim Girls Can Wear Hijab In School, Court Declares
. ISI Students Victorious In Six Years Legal Battle
. MPAC Hails Court Judgement
. This Judgement Is A Triumph For Religious Freedom, Says MSSN
By Sulaimon Salau
An Oyo State High Court sitting in Ibadan, has declared that the decision of the management of International School Ibadan (ISI), owned by the University of Ibadan (UI), to prevent female Muslim students from wearing hijab on their uniform as unconstitutional and illegal.
The court, presided over by Justice Moshood Ishola, delivered this historic ruling on Wednesday afternoon, affirming the students’ fundamental human rights to freedom of religion and association as enshrined in the Constitution of the Federal Republic of Nigeria.
The judgment has attracted commendations from notable Islamic organisations across the country.
Amir (President), Muslim Students’ Society of Nigeria, Lagos State Area Unit
(MSSN Lagos), Kamoldeen Abiona, in a statement, described the development as a landmark judgment, which aligns with previous judgements and ultimately the rulings by the Supreme Court of Nigeria on similar matters.
Abiona emphasized that public institutions must respect and uphold the religious rights of individuals, particularly female Muslim students adorning the hijab.
Recall that the controversy surrounding the usage of the Hijab by female Muslim students at ISI began in November 2018, when the school administration denied some students the right to wear it.
This led to legal action taken by the affected students and their parents against the school and the University of Ibadan. The students involved in the case included Faridah Akerele, Aaliyah Dopesi, Akhifah Dokpesi, Raheemah Akinlusi, Iman Akinoso, Hamdallah Olosunde, Aliyyah Adebayo, Moriddiyah Yekinni, Ikhlas Badiru, Mahmuda Babarinde, and Fareedah Moshood.
In his judgment, Justice Ishola highlighted that the school, as a public institution, does not have the authority to infringe upon the students’ inalienable rights. He emphasised that fundamental human rights cannot be overridden by any institution or government entity.
The MSSN Lagos Amir stated, “The judgment is a victory for justice and the protection of individual rights in Nigeria.
“MSSN Lagos commends the judiciary for upholding the principles of justice and equality. This ruling is a significant step towards ensuring that Muslim students can freely practice their religion without fear of discrimination or punishment. It sets a precedent for other educational institutions to respect and accommodate the religious practices of all students.”
Abiona further stated that, “this judgment is a triumph for religious freedom and the rule of law in Nigeria. It reinforces the commitment of our judiciary to upholding the constitutional rights of every citizen. We urge all educational institutions to comply with this ruling and ensure that no student is denied their fundamental rights.”
The Amir extended deepest appreciation to the dedicated legal team, all participating organisations and all individuals that stood firm from the beginning of the ISI Hijab Crisis to its resolution.
He stated, “Your unwavering support and tireless efforts have been instrumental in achieving this significant victory. We especially thank the courageous Muslim students, their parents, the ISI Muslim Parents Forum, the Muslim Lawyers’ Association of Nigeria (MULAN), the Muslim Ummah of South-West Nigeria (MUSWEN), the Muslim Rights Concern (MURIC), the Oyo State Muslim Community, the Hijab Rights Advocacy Initiative (HRAI) and the MSSN Oyo Area Unit. Your commitment to justice and the protection of religious freedoms has set a powerful example for future generations.”
Meanwhile, MSSN Lagos has called on educational institutions across the country to take note of this judgment and ensure that policies and practices are inclusive and respectful of the religious beliefs of all students.
In the same vein, the Executive Chairman, Muslim Public Affairs Centre, (MPAC), Disu Kamor, rejoiced with the Muslims students on the court victory.
Kamor said: “We all must contribute to building a Nigeria where no girl-child carries a price tag on the basis of a piece of cloth on the head, or forced to make a choice between accessing education and practicing her faith”
He said MPAC had provided different supports for the sisters over the course of the 6-year legal batther, and as such happy to note the High Court’s judgement supports the constitutional rights of the students and as such strengthens our society by dealing with the societal ills of intolerance and bigotry in one pronouncement.
“It is disgraceful that a centre of higher learning like University of Ibadan would allow its secondary school become a safe haven for Islamophobes, peddling open discrimination against young girls simply because of a piece of cloth on their head, worn as a religious obligation.
“This sad episode is a sad reminder that some people embedded in our educational sector are more interested in promoting hateful and discriminatory policies against Muslims and the Muslim dress code at a time that our nation needs clear direction in teaching morality and decency as core values to our youth.
“Many schools have successfully instituted non-discriminatory measures, including dress codes, to effectively address and curb the underlying causes of indiscipline and indecency in our schools. Sadly, promoting hatred of the hijab seemed more important at ISI, which spent 6 years kicking and screaming as it fought in court to secure judicial endorsement of its discriminatory and unconstitutional policy.
“The disgraceful behaviour of the school authorities at UI (and ISI) on this issue will remain an indelible blemish on the enviable record of that great institution,” Kamor said.
He stressed that the voice of Nigerian Muslim students is essential at this tenuous time, and they must rise to the occasion, in a dignified way, to express the core Islamic teachings that enjoin the use of hijab in its various forms by female Muslims outside the home.
However, he said MPAC supports and encourages female Muslims, especially Muslim students, to make our values heard, and make a free choice to adorn the hijab.
“This is an important duty; to work for the cause of their future on campuses and the society at large, with a noble vision, as they seek to cultivate a culture of pluralism, tolerance and coexistence for the advancement of all people on school premises/campuses.
“MPAC, other Muslim groups and Muslim student associations will continue to promote love, tolerance and understanding as part of the core values of our faith. As such, educating non-Muslims about the status of hijab in Islam will be prioritized, as the paradox of Islamophobia partly remains that many people who discriminate against Muslim sisters due to hijab know very little about hijab and its true status in Islam.
“As part of our campaign to tackle and rid our society of Islamophobia, MPAC pledges to be steadfast in supporting the Nigerian Muslim students and indeed all Muslims in combating the ideology of hatred from which open-ended bigotry and discrimination against hijab and other Islamic teachings are mostly created.
“We hope that the legal achievement in the High Court judgment in Oyo State, deriving its ruling from a Supreme Court decision on this matter, will create a trend and lessons that will be adopted by those concerned as all Nigerians are guaranteed equal participation in public life.
“The real test of a democracy is not in what is said in the Constitution alone, but also in how it functions on the ground. By upholding equal legal rights for all Nigerians, Nigeria and all its people win,” he said.
