Hijab: Court strikes out fundamental human right suit against UI School, Principal, others

Justice Ladiran Akintola of an Oyo State High Court 9 sitting in Ibadan, the state capital, on Tuesday struck out a fundamental human right suit challenging the refusal of the University of Ibadan (UI) International School, to allow female Muslim students wear Hijab on their school uniforms.

DAILY POST recalls that the suit filed against the school, University of Ibadan, Deputy Vice Chancellor (Academic), University of Ibadan, who also doubled as Chairman of the Board of Governors in the school and the School Principal, Mrs. Phebean Olowe, was filed by some parents of female Muslim students in the school on behalf of their children.

The parents; Taofeek Yekinni sued the respondents on behalf of Moridiyyah Ayoka Yekinni, Idris Badiru sued the respondents on behalf of Ikhlas Badiru, Sikiru Babatunde sued the respondents on behalf of Mahmudah Babarinde, Muideen Akerele sued the respondents on behalf of Faridah Akerele, Bello Dokpesi sued the respondents on behalf of Aakifah and Aakiyah Dokpesi while Rahman Akinoso sued the respondents on behalf of Iman Akinoso.

Others were Muhaiminudeen Akinlusi on behalf of Raheemah Akinlusi, Abdulwasiu Moshood on behalf of Faridah Moshood, Dr. Olatunde Olosunde on behalf of Hamdallah Olosunde, Abdulsakur Adebayo on behalf of Aliyah Adebayo and Abdulrahman Balogun, Ridwan Ademola and Bolaji Ajani on behalf of Muslim Parents of the school.

The plaintiffs in the suit number M/706/2018, argued that continues denial of the 1st to 11th applicants the right to use Hijab on their school uniform within the premises of the school is unconstitutional as constitutes violation of the applicants rights to freedom of thought, conscience and religion.

But, Akintola while delivering his ruling on Tuesday, maintained that the originating summon of the applicants contravened the provision of the constitution of Nigeria.

Akintola said that the provision of the constitution does not allow filling of a joint action in a fundamental human right suit.

The judge said that the section of the constitution on fundamental human right allows separate filling of an action on the matter.

He upheld the preliminary objection filed by Mr Abdul-Aziz Jimoh, one of the counsel to respondents in the matter, and struck out the suit.

Our correspondent reports that Jimoh had earlier moved preliminary objection which was not objected to by the applicants’ counsel, Mr Sulayman Alabi.

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