Hijab: 9-Year-Old Pupil Drags Ogun Government To Court, Demands N1m
01:46
A nine-year old pupil, Aisha AbdulAleem
has dragged the Ogun State government and the Principal of her school,
Gateway Junior Secondary School, Mrs. Kushimo before Ogun State High
Court sitting in Isabo, Abeokuta, for allegedly violating her
fundamental human right to use Hijab in the school.
AbdulAleem,
through her father, Mr. Muhammad AbdulAleem dragged the school
principal to the court for alleged forceful removal of her Hijab and
denial of access to attend classes in the school.
Other
defendants who were summoned by the court to defend the allegations are
the Ogun State Government, the State Attorney General and Commissioner
for Justice, and her counterpart in the Ministry of Education, Science
and Technology.
AbdulAleem in the originating summon filed by
her counsel, Olusoji Odutan, seeks the relief of the court to declare
as wrongful and unconstitutional the action of the principal to deny her
access to education on account of directive of the state government for
non-usage of Hijab in public schools in the state.
Odutan said
that the refusal of the defendant to allow her client to use her Hijab,
violates her rights to “freedom of thought, conscience and religion,
freedom from discrimination and right to the dignity of the human
persons and right to education”.
The claimant in the suit number
AB/5271/2018 also seeks for an order of perpetual injunction restraining
the state government and its officers from further infringing on her
fundamental human right to use Hijab.
Odutan said, “A sum of
one million naira in damages against the defendants jointly and
severally for the anguish, inhuman treatment, harassment and hardship
suffered by the claimant as a result of the defendants’ action”.
The
case, which was mentioned for hearing for the second time on Friday
before Justice Bamgbose Alabi of court 9, was adjourned till 8th
January, 2018, after the lawyer to the defendants served counter
affidavit to the plaintiff.
Odutan prayed the court to award the
sum of N50,000 against the defendant for serving counter affidavit on
him on the day of the hearing of the case, as it will take time for him
to study and respond appropriately.
Counsel to the defendants,
Sodipo T.M explained that the delay was not due to lack of respect for
the court and desire to delay the case but that it took time to get her
clients’ responses and brief.
The claimant’s father said that his
daughter was denied access to the classroom at St. Peters’ College,
Olomore with the principal 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.
He said, on the recommendations of the principal and Zonal
Education officer, Aisha was taken to Gateway Junior Secondary school
for enrolment, but only to be denied access to the classroom after
completing all registration formalities.
In the affidavit deposed
at the court by Aisha’s father, Mr AbdulAleem Muhammad, he said, “The
problem, however, started when the claimant was refused access into her
classroom by her class teacher because she was wearing her Hijab.
“That
upon the claimant being sent home from school by her class teacher (one
Mr Shoremi E.O), I went to meet the principal of the school on Monday
the 24th day of September, 2018 to ascertain what was happening. That it
was during this meeting that the principal informed me that the laws
establishing the school do not allow or permit Muslim students to wear
hijab to school”.
Mr. AbdulAleem said, “Just like other children,
Aisha sat for school entrance examination and was offered admission
into secondary school. She was welcomed with hatred, malice and denial
claiming that she could not wear hijab in public school. The vice
principal who was the most senior officer in the school admitted her and
fixed into JSS 1A but the class teacher declined, denied, refused and
compel her to remove hijab before she can be admitted into her class.
“The
little girl was trying to explain to her that her father has seen the
VP on this issue when another female teacher came from behind to jerk
the hijab off her head. This led me to seek counselling from legal
practitioners and informed the Commissioner for Education at the ninth
week that I have been moved to the wall”.
Commissioner for
Education, Science and Technology, Mrs. Modupe Mojuta, who confirmed the
development to press, said that the state ministry of justice was
responding to the matter.
Mojuta in an SMS sent to press on
Saturday morning said, “The Hijab case of a JSS 1 girl at Gateway
Secondary School had its first hearing in the court yesterday. The
ministry of justice is responding accordingly”.
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