The Controversy On The Hijab And The Supreme Court Judgment

Mary Akanbi

25th June, 2022   

.   Firdaus Amasa at the call to bar      ceremony in Abuja

The Hijab controversy is neither new in Nigeria nor in many other parts of the world.

As a matter of fact, most European countries and around the world have placed restrictions or banned the wearing of Hijabs(Muslim Veils) in public places, public schools and work place. 

The average Nigeria Muslims see the wearing of Hijab as their Fundamental Human Rights. While some Muslim countries have had cause to ban the use of Hijab to protect their children. Countries such as Congo, Chad, Guinea and Cameroon in 2015 banned Hijab in schools to counter Boko Haram attacks. Also Tunisia, Gabon and Morocco are African countries with large population of Muslims that have banned the use of burqa.

It is worthy to note that a Lagos High Court had in October 2014 ruled against the use ofHijabs in public schools, a judgment that was upturned by the Court of Appeal.

The Supreme Court also had on last week Friday ruled in favour of the use of Hijab in public schools in Lagos. In a majority decision of six in favour and one dissent, the apex court of Nigeria on Friday in Abuja affirmed the rights of Muslims Female Students in Lagos state public primary and secondary schools to wear Hijab.

The Supreme Court held that wearing the hijab was an Islamic injunction and an act of worship required of Muslims and consequently, the banning of female Muslim students from wearing Hijab to school is a violation of their fundamental rights to freedom of thought, conscience, religion, dignity of human persons and freedom from discrimination.

The Supreme Court heavily relied on section 38 of the 1999 constitution, which guarantees every Nigerian citizen the right to freedom of thought, conscience and religion. The justices failed to see the rights contained in section 38 of the constitution as private rights that must be exercised privately in our homes, place of worship, community, religious schools and not in the public or public schools.

In 2017, Firdaus Amasa, a female law student was barred from been called to bar after insisting on wearing the Hijab in the bar ceremony hall triggering a blacklash from the country's Muslim community which accused the law school of religious descrimination. This led to law suits in the Court and in 2018, Firdaus Amasa was called to the Bar with the use of the Hijab in the bar ceremony hall.

.   Firdaus Amasa at the call to bar ceremony in Abuja

The recent decision of the Apex Court on the wearing of Hijab by female Muslim students in Lagos State could lead to chaos in the country by which other religion would also want to express their religilus faith such like what was seen on Thursday at the Supreme Court; a human right lawyer Malcolm Omirhobo wearing his traditional worshipper's attire to Court Proceedings of which he believes he is expressing his Fundamental Human Right in line with the Court's Judgment.

Where other countries are progressing both economically and technologically, Nigeria is busy bothering themselves on the use of Hijab.

It is my humble view and I respectfully submit that where a particular faith is been forced or accommodated to the detriment of other faith all in the name of upholding the religion beliefs, it will definitely not work.

With all due respect Nigeria is a Secular Nation and not an Islamic Nation.