DISSENTING JUDGMENT (Delivered by JOHN INYANG OKORO, JSC) ON SC, 910/2016

BETWEEN

1. LAGOS STATE GOVERNMENT
2. HON. ATTORNEY & COMMISSIONER FOR JUSTICE, LAGOS STATE
3. HON. COMMISSIONER FOR EDUCATION LAGOS STATE.
4. HON. COMMISSIONER FOR HOME AFFAIRS, LAGOS STATE   

AND
1. MISS ASIYAT ABDUL KAREEM (MINOR) (Suing through her next friend Alhaji Abdulkareem Owolabi)
2. MISS MARYAM OYENIYI (Suing through her next friend Mr. Suleman Oyeniyi)
3. THE REGISTERED TRUSTEES OF MUSLIM STUDENTS’ SOCIETY OF NIGERIA(MSSN)

“I hold the opinion that bringing religious sentiments and biases to bear on dress code in a formal setting such as public primary and secondary school will not augur well for the students.
If every student were to cover their school uniforms with their different religions togas, I wonder what the school compound would be like. Imagine a scenario where students who are traditional religious worshipers turn up at school fully adorned with their traditional worship regalia on top of their school uniforms and students whose faith prescribe wearing of white garments without shoes turn up in that fashion.
What would the school environment look like?    

…What I am laboring to say therefore in a very simple term is that if hijab is not part of the recommended school uniform for female students of the school, it has no business being worn by the student as part of the school uniform.
I so hold.”

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