The appeal with suit no CA/L/135/15 is expected to be heard in court one.
The appellants are Miss Asiyat AbdulKareem and MSSN Lagos while Lagos State Government and others are the respondents.
The information concerning the case was contained in a notice signed by W. Lukman, AEO.
It would be recalled that Justice Grace Modupe Onyeabo earlier ruled against the use of Hijab (Muslim head-scarf) by students in Lagos public schools.
The judgement received lot of condemnation from notable personalities/people in the country as well as Islamic Organisations both home and in diaspora.
After the judgement, the MSSN decided to appeal before the present governor of Lagos state, Akinwunmi Ambode, who was then the gubernatorial candidate of the All Progressives Congress (APC) promised to look into the matter if elected.
Also, the Deputy Governor of the state, Dr. Idiat Adebule, had asked principals not to punish any student for wearing Hijab on the school uniform outside the school premise pending the conclusion of the case in court.
The appellants are in court to seek redress and protect Muslim females from being flogged, embarrassed, and victimised for using Hijab within and outside school premises.
In one of the instances, an eleven-year-old student of Kadara Junior High School, Ebute Metta, Aisha Alabi, was on February 5, 2013, flogged forty three (43) strokes of cane on the assembly ground by her principal, Mrs. E.C Ukpaka, for not removing her Hijab after coming out of an Islamic Religious Knowledge class where it is ordinarily permitted to adorn Hijab.
Similarly, on February 20, 2013, Bareerah Tajudeen of Mafoloku Senior Grammar School, Oshodi had her Hijab removed and trampled upon by her principal, Mrs. Elizabeth Omidele, outside the school premises.
Counsel to the Muslim students, Adetola Kassim (SAN), had in a 24-paragraph counter affidavit in Lagos High Court, said the use of Hijab was a compulsory religious obligation on Muslim ladies and not women alone.
While stressing that Hijab was not only religiously compulsory but constitutional, Kassim said, “Hijab, is Allah's injunction as stated in the Holy Quran, as well as a fundamental rights as fully established in the Constitution of the Federal Republic of Nigeria.
“We are not demanding for a full length Hijab, we have exhibited a photograph of a sample of Hijab, which still represents their school identity. The colour of the Hijab can conform to the school uniform. All we want is for the students to be allowed to use Hijab. If beret and caps are allowed for female students, Hijab shouldn't be an exemption."
On his part, President of MSSN Lagos, Mallam Saheed Ashafa, expressed optimism that the appeal court would grant the right to put on Hijab by secondary and primary school students in Lagos State.
Ashafa in a press statement said, “We cannot afford to see our Muslimahs dress naked. Hijab is an apparel of honour, a garment of modesty and a shield against immorality. It is our pride. It is our dignity. We are neither seeking for a favour nor asking for a privilege; we are simply demanding our rights.
“Nigeria’s constitution grants Freedom of Religion, Conscience and Expression. It states clearly the rights to wear anything one feels comfortable with, so far as it is neither provocative nor irresponsible. We put our trust in Allah and pray that victory will be ours as the appeal court shall be hearing the case soon."
Also, the Amirah (Female President) of the MSSN Lagos, Hajia Hafsah Badru, explained that the group was not seeking that Hijab be compelled on all muslim students but be used only by those who want it.
"The issue of Islamising Lagos schools does not hold any ground since the mode of dressing in all government schools is already Christian (School uniform with beret for females and short for males as against Hijab and trousers for Muslims). Those who want to willingly obey God should not be victimised for wearing Hijab," she added.
SIGNED
Mallam Saheed Ashafa,
Amir (President),
Muslim Students' Society of Nigeria,
Lagos State Area Unit.
+234 817 329 1878
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