Absence of Justice Olubunmi Oyewole of a
Lagos High Court, Ikeja on Wednesday stalled
the hearing of a suit challenging the proposed
ban on the use of Hijab by female Muslim
pupils in public schools in the state.
The suit was instituted by two minors and the
Muslim Students’ Society of Nigeria against the
Lagos State Government.
Oyewole had fixed Wednesday for the parties
to report the progress in their bid to settle the
matter out of court
The suit was subsequently adjourned till
October 28.
The minors – Miss Asiyat Abdulkareem and
Miss Maryam Oyeniyi – who are the first and
second applicants respectively, are 12 years old
and pupils of Atunrashe Junior High School,
Surulere, Lagos State.
The minors are suing the government through
their fathers – Alhaji Owolabi Abdulkareem and
Mr. Suleiman Oyeniyi.
Joined as respondents in the suit are the Lagos
State Attorney-General and Commissioner for
Justice, Mr. Ade Ipaye; Commissioner for
Education, Mrs. Olayinka Oladunjoye, and
Commissioner for Home Affairs and Culture,
Mr. Oyinlomo Danmole.
The applicants, through their counsel, Mr. M
Sanni, contended that banning female students
from using Hijab on or outside the premises of
any educational institution in Lagos State “is
wrongful and unconstitutional”.
They are urging the court to declare the act as
“wrong and unconstitutional as same
constitutes a violation of their (the applicants’)
rights to freedom of thought, conscience and
religion, freedom from discrimination and
rights of human persons and right to
education.”
They are also seeking the court to give an order
of perpetual injunction restraining the
respondents from “further interfering or
infringing in any manner on the fundamental
rights of the first and second applicants and
other female Muslim students”
Justice Oyewole had at the previous
proceedings on May 27 urged parties to explore
an out-of-court settlement of the dispute.
Counsel for the state government, Mr. Samuel
Ajanaku, had told the court that the state had
yet to file any processes (court papers) in the
suit.
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