Hijab Ban: Appeal Court Strikes Out Lagos’ Application Seeking Stay Of Execution Of Judgment
The Lagos Division of the Court of Appeal yesterday struck out an application by the Lagos State Government seeking a stay of execution of the judgment of the court authorising the use of Hijab (Muslim head scarf) in public primary and secondary schools.
The three man panel of the court presiding over by Justice Mohammed Garba threw out the application on the ground that the state government has already filed an appeal before the Supreme Court against the judge of the court, so it can no longer sit over the case.
It will be recalled that the appellate court had on July 21 last year declared the ban on the wearing of Hijab in public primary and secondary schools in the Lagos state illegal.
The appellate court in a unanimous judgment delivered by a five-man panel presided over by Justice, A.B. Gumel held that the ban violates the fundamental human rights of Muslim students and it is therefore wrongful and unconstitutional.
The special panel of the Court of Appeal set up by the President of the Court, Justice Zainab Bulkachuwa also held that the state government failed to tender before the lower court any existing policy or law that supported the ban on hijab.
The appeal was filed by two female pupils of Atunrase Junior High School in Surulere, Asiyat Kareem and Mariam Oyeniyi, under the aegis of the Muslim Students’ Society of Nigeria (MSSN), Lagos State Area Unit.
But not satisfied with the verdict, The state government, last September 16, filed an application before the Court of Appeal seeking an injunction for a stay of the judgment, pending the determination of an appeal it had filed at the Supreme Court.
During Tuesday proceedings, the state counsel, Hameed Oyenuga told the court that the application was filed for before the state appealed the judgment at the apex court.
Oyenuga, who was from the state of Directorate of Civil Litigation Department, urged the appellate court to forwarded the application to the Supreme Court so that it could be heard alongside the appeal.
He submitted, “We are asking that the application be forwarded or transmitted to the Supreme Court. We have forwarded our return argument to the Supreme Court, but we are yet to ascertain whether it has been entered.”
Counsel for the first, second and third respondents, Tajudeen Fajimite did not object.
In its ruling, the court agreed that the Supreme Court should hear the application, but observed that for that to happen, the application had to be withdrawn or struck out at the appellate court
Justice Garuba said: “An appeal has been entered at the Supreme Court; you can’t expect us to transmit it to the Supreme Court. You have to withdraw the application. The application before us has to go. The application is hereby struck out.”
The defendants in the suit are the Lagos State Attorney-General and Commissioner for Justice, and Commissioner for Education and Commissioner for Home Affairs and Culture.
