RELIGIOUS FREEDOM VS. STATE REGULATION: ANALYZING THE HIJAB CONTROVERSY IN PUBLIC INSTITUTIONS IN NIGERIA
Introduction
Nigeria is a deeply religious and culturally diverse country with a legal system that recognizes the fundamental right to freedom of religion. This right is enshrined in the 1999 Constitution of the Federal Republic of Nigeria, which seeks to ensure that no individual is discriminated against on the basis of their religious beliefs. However, the implementation of this right has not been without controversy, particularly when it intersects with state policies and secularism. One such controversy is the recurring debate over the wearing of the hijab by Muslim women and girls in public institutions such as schools and government offices. This article critically explores the hijab controversy, assessing the legal, social, and constitutional implications of state regulation in contrast with the right to religious freedom.
Legal Framework on Religious Freedom in Nigeria
Section 38 of the 1999 Constitution provides that every person shall be entitled to freedom of thought, conscience, and religion. This includes the freedom to change one’s religion or belief and the freedom to manifest and propagate one's religion or belief in worship, teaching, practice, and observance.
Additionally, Nigeria is a party to several international instruments that protect religious freedom, including the African Charter on Human and Peoples’ Rights (ACHPR), which has been domesticated into Nigerian law. Article 8 of the ACHPR guarantees freedom of conscience and religion, reinforcing the constitutional position (African Charter, 1981).
However, religious freedom is not absolute. The Constitution permits the restriction of this right in the interest of public safety, order, health, or morality. This creates a legal tension when interpreting policies that appear to infringe on religious expressions such as the wearing of the hijab.
The Hijab Controversy in Public Institutions
The hijab controversy in Nigeria has generated intense public discourse and legal battles. The hijab, a head covering worn by Muslim women in accordance with Islamic teachings, has been at the center of disputes in public schools and government offices.
One of the most prominent cases was Asiyat AbdulKareem & Anor v. Lagos State Government & Ors (2016), in which two female Muslim students challenged a directive banning the hijab in public schools. The Lagos State High Court initially upheld the ban, arguing it promoted uniformity. However, the Court of Appeal reversed this decision in 2016, affirming the students' right to wear the hijab as an expression of their religious beliefs.
The Supreme Court of Nigeria upheld the Court of Appeal’s decision in 2022, stating that the ban violated the students' constitutional right to freedom of religion. This was a landmark decision affirming the right to religious expression in public institutions.
Despite these judicial pronouncements, several state governments and school authorities have either resisted implementation or continued to enforce the ban unofficially. Tensions have flared in states such as Kwara, Osun, and Oyo, where hijab-wearing students have faced opposition, sometimes resulting in physical confrontations.
State Interests and the Argument for Uniformity
Advocates of hijab bans in public schools often argue that uniforms are designed to promote equality, discipline, and unity among students. The argument is that allowing religious attire like the hijab may disrupt uniformity and give rise to division among students of different faiths.
From a policy perspective, some school authorities believe that accommodating religious symbols may open the floodgates to similar demands from adherents of other religions. There are also concerns about maintaining the secular character of state institutions.
However, critics argue that this reasoning reflects an overly narrow interpretation of secularism. Secularism in the Nigerian context does not mean the exclusion of religion from the public sphere but rather the state's impartiality in religious matters. In this light, denying Muslim students the right to wear the hijab appears discriminatory and inconsistent with constitutional guarantees.
Implications for Human Rights and Inclusion
Banning the hijab in public institutions has far-reaching implications for human rights, particularly for Muslim girls. Many are forced to choose between their education and their faith, leading to school dropouts, psychological trauma, and a sense of exclusion from public life.
This issue intersects with gender rights, as it affects female students uniquely. The hijab is both a religious and cultural symbol, and prohibiting its use can be interpreted as a form of gendered discrimination.
Moreover, the controversy has fueled religious intolerance and sometimes incited violence. In 2021, several schools in Kwara State were temporarily shut down following violent clashes between Christian and Muslim communities over the issue of hijab usage in missionary schools.
Judicial Trends and Legal Remedies
Nigerian courts have played a crucial role in defining the boundaries of religious freedom in public institutions. In Provost, Kwara State College of Education v. Bashirat Saliu & Ors (2006), the Court of Appeal held that Muslim students were entitled to wear the hijab in public schools, noting that the denial of this right was unconstitutional.
The courts have consistently ruled in favor of hijab-wearing students, emphasizing that religious freedom includes the right to manifest one’s religion through appearance, provided it does not constitute a threat to public order.
Legal remedies available to aggrieved parties include declarations of rights, injunctions to prevent further discrimination, and damages for breach of fundamental rights. However, enforcement remains a challenge, as implementation of court decisions is often left to the discretion of state authorities.
Comparative Perspectives
The hijab debate is not unique to Nigeria. In France, the government has banned conspicuous religious symbols in public schools, including the hijab, under its strict secular policy (laïcité). This approach has been widely criticized by human rights advocates for infringing on religious freedom.
In contrast, the United Kingdom adopts a more inclusive model, allowing students to wear religious attire as long as it does not pose a health or safety risk. Courts in the UK have emphasized the need to balance religious rights with institutional policies on a case-by-case basis (Shabina Begum v. Denbigh High School, 2006).
India presents a more complex picture, with varying court decisions depending on regional laws and community sentiments. In Resham v. State of Karnataka (2022), the Karnataka High Court upheld a state directive banning hijabs in government-run schools, a decision that is currently under appeal.
These examples show that while countries adopt different approaches based on their historical and political contexts, international human rights standards generally favor accommodation over restriction.
Recommendations
To ensure a balanced approach that upholds constitutional values and promotes social cohesion, the following recommendations are proposed:
1) National Policy Guidelines: The Federal Ministry of Education should issue a clear and uniform policy on religious attire in public schools to prevent arbitrary enforcement by state governments.
2) Judicial Enforcement: The National Judicial Council (NJC) should monitor and ensure the full implementation of court decisions on religious freedom.
3) Dialogue and Sensitization: Government agencies, religious leaders, and civil society organizations should engage in interfaith dialogue to promote mutual respect and understanding.
4) Human Rights Education: Schools should incorporate human rights education into their curricula to foster a culture of tolerance and inclusion among students.
5) Legal Aid and Advocacy: Legal aid organizations should provide support to victims of religious discrimination and advocate for policy reforms that align with constitutional guarantees.
Conclusion
The hijab controversy in Nigeria highlights the ongoing tension between religious freedom and state regulation. While the Constitution guarantees the right to practice and manifest one’s religion, the implementation of this right remains uneven. The judiciary has consistently affirmed the right of Muslim girls to wear the hijab in public institutions, yet enforcement remains problematic.
To move forward, Nigeria must embrace a more inclusive and rights-based approach that respects diversity while promoting national unity. The state must uphold its constitutional duty to protect fundamental rights without compromising on secular governance or public order.
References
Akinwale, A. (2017). Uniformity or Uniform? A Critical Look at Dress Codes and Religious Freedom in Nigerian Schools. African Journal of Constitutional Law, 5(2), 144–160.
Bowen, J. R. (2010). Can Islam Be French? Pluralism and Pragmatism in a Secularist State. Princeton University Press.
Constitution of the Federal Republic of Nigeria (1999), as amended.
Ibrahim, M. S. (2020). The Impact of Hijab Ban on Muslim Girls’ Education in Nigeria: A Human Rights Perspective. Journal of African Legal Studies, 12(1), 33–49.
Olayemi, T. A. (2023). Religious Freedom, Gender Rights, and the Hijab Controversy in Nigeria. Nigerian Law Review, 29(3), 91–110.
Okoro, I. F. (2021). Secularism and Religious Expression in Nigeria: A Constitutional Analysis. International Journal of Human Rights Law, 8(1), 22–36.
Supreme Court of Nigeria. (2022). Asiyat AbdulKareem & Anor v. Lagos State Government & Ors, SC.910/2016.
African Charter on Human and Peoples’ Rights. (1981). Organization of African Unity.
Article By Ayawari, Tom Ebibo Esq.
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