An Ogun State High Court sitting in Abeokuta on Thursday fixed Monday 18th May, 2020 for judgement in the case filed by nine year old Miss Aishat Eniola Abdul-Aleem over alleged violation of her fundamental human right to use Hijab by the Principal of Gateway Secondary School in Abeokuta, Mrs Kushimo A.A.
Justice Bamgbose Alabi who gave the date after hearing arguments from the parties involved said that he was on the side of justice.
DAILY POST recalls that Abdul-Aleem had in 2018, through her best friend, Abdul-Aleem Muhammad dragged the Governor of Ogun State, as 1st respondent, to court when she was allegedly denied access to attend public secondary school for using Hijab.
Abdul-Aleem was allegedly denied access to the classroom at St. Peters’ College, Olomore in 2018 with the principal allegedly relying on a supposed Memorandum of Understanding between the Christian Missionaries and the State Government that the students of the school would not be allowed to use Hijab.
On the recommendations of the principal and Zonal Education officer, Abdul-Aleem was taken to Gateway Junior Secondary school for enrollment, but only to be denied access to the classroom after completing all registration formalities.
DAILY POST gathered that other respondents (2nd – 4th) in the case are the State Attorney General and Commissioner for Justice, Commissioner for Education, as well as the Principal of Gateway Secondary, Mrs Kushimo.
Our correspondent gathered that the case which was mentioned for hearing on December 21, 2018 suffered set back due to several adjournments resulting from filling of written addresses, affidavits, counter affidavits among other intricacies. These include mobilization of Muslim and Christian faithful to the court who showed solidarity for and against the case.
Other interested parties from Lagos and Oyo States also showed interest to join the case as respondents. They include Miss Eniola Akinbode, Miss Biodun Kushimo and Tunde Olutayo-Aro.
Counsel to the applicant, Chief S.A Akinbami in the amended originating motion on notice sought the relief of the court to declare as wrongful and unconstitutional, refusal of Abdul-Aleem access to education on account of directive of the state government for non-usage of Hijab in public schools in the state violating the girl’s rights.
Akinbami said, “A declaration that any directive, instruction or order by the 1st – 4th Respondents whether by themselves, their officers, agents, privies or servants prohibiting or preventing the Applicant who resolve or is obliged to use or is using hijab (female Muslim covering) within or outside the school premises at any time from doing so is wrongful and unconstitutional and constitutes a violation of her right to “freedom of thought, conscience and religion, freedom from discrimination and right to the dignity of the human persons and right to education” as guaranteed by the constitution and the African Charter on Human and Peoples’ Right.”
Abdul-Aleem through her lawyer in the suit number AB/5271/2018 also seeks for an order of perpetual injunction restraining the state government and its officers from further interfering or infringing on the fundamental human rights of the claimant to use Hijab in the exercise of her rights. She also demanded the sum of one million naira (N1 million) as damages against the defendants over alleged harassment and hardship she suffered.
“A declaration that the punishment or humiliation of the Applicant by the Respondents as a result of the use of hijab within the school premises is a violation of the Applicant’s Fundamental rights to freedom of thought, conscience and religion, freedom from discrimination and right to the dignity of the human persons and right to education. A sum of one million Naira (N1,000,000.00) in damages against the Respondents jointly and severally for the anguish, inhuman treatment, harassment and hardship suffered by the Respondents as a result of the defendant action”.
But, the State Solicitor-General and Permanent Secretary of Ministry of Justice, Mrs Y. Oresanya in her written address on behalf of the Ogun State Governor and three other respondents, argued that the insistent of the use of Hijab by the claimant and her parents in public school amount to “imposing their religious leanings as regards mode of dressing.
She said, “It is worthy of note that both St. Peters College, Olomore, Abeokuta and Gateway Secondary School, Ita-Iyalode, Abeokuta are not established and maintained by any religious community or denomination but by the Ogun State government.”
The 1st and 4th respondents who were represented in court by a Senior State Council in the Ogun State Ministry of Justice, Sodipo T.M, urged the court to “exercise its discretion in favour of the 1st – 4th Respondents by dismissing the Applicant’s application as it is baseless, vexatious and unfounded.”
Akinbami in the “reply on points of law” argued that “the following provisions of the holy Quran makes the wearing of hijab mandatory on every Muslim female in public places. See the following: (a) Quran chapter 17 verse 45 (b) Quran chapter 24 verse 31 (c) Quran chapter 33 verse 59. The above injunction of the Holy Quran on Muslim females is equally embedded in the new testament of the Holy Bible particularly in 1st Corinthians 11: 4 & 5.”
Bamgbose after listening to the parties however adjourned the judgement to May 18th 2020.
He said, “I am neither here nor there. I am on the side of justice”.
