Appeal Court: Lagos cannot bar school girls from wearing Hijab

The Muslim Students’ Society of Nigeria, Lagos State Area Unit has hailed the Appeal Court for throwing out a motion seeking an injunction to stop the use of Hijab in the state.



The Court on Tuesday struck out the motion for stay of execution, filed by the Lagos State Government.

The case tagged CA/L/135/15, was between Lagos State Government, Miss Asiyat AbdulKareem (through her father), Miss Moriam Oyeniyi and Muslim Students’ Society of Nigeria.

In his lead judgment, Justice Gumel held that the use of the Hijab was an Islamic injunction and also an act of worship hence it would constitute a violation of the appellants’ rights to stop them from wearing the Hijab in public schools.

After hearing from both parties, the presiding justice, Muhammad Lawal Garba, struck out the motion.

Resolving all the five issues raised in favour of the appellants, the appellate court held that the lower court erred in law when it held that the ban on hijabs was a policy of the Lagos State Government (respondent

With the current verdict, students in public primary and secondary schools in Lagos State can now wear Hijab to school without harassment unless the Supreme Court rules otherwise.

Reacting to the judgment, the Amir (President) of MSSN Lagos State Area Unit, Dr. Saheed Ashafa, hailed the court for a sound judgment.

According to him, the judgment will further strengthen fundamental human rights as enshrined in the constitution.

He stated that the MSSN Lagos would not entertain any act or form of harassment after the current judgement.

He said, “We applaud the judgment as this is not unexpected. The position of the law is very clear on the subject matter. This matter once more assure us that all hope is not lost on having a redeemed society.

“It gladdens to see that the injunction which the LASG is using as a basis to deny the implementation of the Court of Appeal judgment has been struck out.

“We hereby urge all stakeholders to be law abiding f

or a peaceful implementation of the judgment. There should be no violation of human rights against our Students while we expect an immediate implementation of the judgment in all schools across the state.”

While congratulating and thanking Muslims on the recent victory, Ashafa said, “We Congratulate the entire Muslim Ummah (community) and urge our Muslim students to uphold decency and cleanliness which are the hallmark of Islam while exercising their right.”

Recall that a special constituted panel of the Court of Appeal sitting in Lagos on Thursday, July 21, 2016 unanimously set aside the judgment of a Lagos High Court which banned students in public primary and secondary schools in the state from putting on the Hijab with their school uniforms.

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