By Malcolm Omirhobo
In a majority decision of five to two, the apex court of Nigeria recently affirmed the rights of Muslim female students in Lagos state public primary and secondary schools to wear hijab.
The Supreme Court erroneously 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 for that matter funded with taxpayers’ money.
