The Supreme Court has affirmed the rights of Muslim female students in Lagos State to wear hijabs to school without harassment or discrimination.
In a majority decision, Nigeria’s apex court gave the ruling on Friday in Abuja.
Among those on the panel were Justice Olukayode Ariwoola, Justice Kudirat Kekere-Ekun, Justice John Inyang Okoro, Justice Uwani Aji, Justice Mohammed Garba, Justice Tijjani Abubakar, and Justice Emmanuel Agim.
While five ruled in favour of the use of the hijab, two dissented.
A Lagos high court had, in October 2014, ruled against the use of hijabs in schools, a judgement that was overturned by an appeal court in July 2016.
In a unanimous judgement, the appeal court noted that the ban was discriminatory against Muslim pupils in Lagos State.
Dissatisfied with the appellate court’s judgement, the state government took the case to the Supreme Court.
It subsequently placed a ban on the use of hijab in August 2018.
However, in a circular, the state government asked that the status quo be maintained to avoid contempt of court.
It, however, said the hijab must be “short, smart, neat and in the same colour as the uniform (skirt)”.
“Since the case of the use of hijabs in Lagos State is still pending in the Supreme Court of Nigeria, the status quo must be maintained to avoid contempt of the court; that is, students must be allowed to wear hijabs on school uniforms, but the same must be short, smart, neat and in the same colour as the uniform (skirt),” the circular read.
“Furthermore, school management is advised to downplay comments and disciplinary actions on the use of smart Hijabs until the final determination of the case by the Supreme Court.
“No student should be discriminated against in any form based on religion.
