Justice Falola cited Section 38 of the Constitution of the Federal Republic of Nigeria, as amended to buttress his judgement.
female muslim students
On February 14 of this year, Osun State Muslim Community dragged the State Government to court on the issue of the Female Muslim students wearing Hijab in their schools.
The Muslim community prayed the court to permit the female Muslims to exhibit their human rights, by giving them the go ahead to wear Hijab in public schools.
The case was instituted against the State Government, with the Osun state commissioner for education as well as the state attorney general and commissioner for justice as co-respondents.
Likewise, the chairman of the Christian Association of Nigeria (CAN) in Osun state and some other people willingly joined as respondents.
The affidavit was a 44-paragraph filed in support of the applicants motion, stating that their fundamental human rights are in accordance to Sections 38 and 42 of Nigeria constitution.
Mr Kazeem Odedeji, who led the team of lawyers for the Muslim community stated at the court that the female Muslim students were being harassed by both the fourth and fifth respondents, emphasising that such an act is a total discrimination and infringement of their fundamental rights.
The lead counsel to the Muslims based his argument on the decision of an appeal court in Ilorin, the Kwara state capital, in a case between the Provost, College of Education in Kwara and one female Muslim student named Basirat Saliu.
Odedeji added that even female Catholic wear veil, as the photos of Mary, the mother of Jesus Christ is with Hijab over her head, further saying that the prayers of the Muslims should be granted regarding the use of Hijab, which is in accordance with 2004 Directives of Osun state government.
Islam, as a religion, practised by Muslims is principally based on two things. These are: Do’s and Don’t’s. The wearing of Hijab by female Muslims is part of the Do’s which should be respected by the society at large.