The Muslim Students’ Society of Nigeria, Lagos State Area Unit has hailed the striking out of a motion seeking an injunction to stop the usage of hijab in the state by the Court of Appeal.
The Court of Appeal sitting in Lagos on Tuesday heard the motion – stay of execution – filed by the Lagos State Government and struck it out.
The case, CA/L/135/15, is between Lagos State Government and Asiyat AbdulKareem (through her father), Moriam Oyeniyi and the MSSN.
The struck motion was seeking the court to stop the use of hijab in public and secondary schools in Lagos State pending the ruling of the Supreme Court on the matter.
After hearing from both parties, the presiding justice, Muhammad Lawal Garba, struck out the motion.
With the current ruling, students in public primary and secondary schools in Lagos State can now wear hijab to school without harassment unless the Supreme Court rules otherwise.
Earlier, the Lagos State Government on July 21, 2016 lost at the Court of Appeal when a full panel of the court gave approval to the Muslim students to use hijab to school.
The Amir (President) of MSSN, Lagos State Area Unit, Dr. Saheed Ashafa, applauded the judgement, saying that the favourable outcome was expected.
According to Ashafa, the judgement 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 judgement as this is not unexpected.
“The position of the law is very clear on the subject matter.
“This matter once more assures us that all hope is not lost on having a redeemed society.
“It gladdens to see that the injunction, which the Lagos State Government is using as a basis to deny the implementation of the Court of Appeal judgement, has been struck out.
“We hereby urge all stakeholders to be law abiding for a peaceful implementation of the judgement.
“There should be no violation of human rights against our students while we expect an immediate implementation of the judgement 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.”
It will be recalled that a specially constituted panel of the Court of Appeal sitting in Lagos on 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.
The special panel of the court, presided over by Justice A.B. Gumel, held that the appeal was meritorious and should be allowed.
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