The Niqab Case: Mariam Afeez V. FUNAAB’s High Court Decision

In the matter of MARIAM ABIOYE AFEEZ vs. FUNAAB & ORS, the Court heard the application together with FUNAAB’s preliminary objection in March 2022. The Federal University of Agriculture Abeokuta (FUNAAB) Niqab Case began when a student, Mariam Afeez, sued the university over its decision to prohibit the wearing of the Niqab on campus. She wants an injunction granting her unconditional access to the school, a public apology, and a compensation of N50,000,000:00 (Fifty Million Naira Only).

The FUUNAB vs. Niqab case

Since October 2017, when it put up a billboard to indicate its intolerance for “lousy and immoral” dresses, the university has been embroiled in controversy concerning the wearing of Niqab, a piece of clothing that covers the face leaving only the pair of eyes and is typically worn by Muslim women. The billboard featured images of ripped jeans, mini-skirts, and the niqab, which infuriated Muslim students on campus.

Mariam Afeez, through her lawyers led by Barr. Ahmad Adetola Kazeem, counsel to Ms Afeez, approached the court seeking, among other things, “a declaration that the ban on the use of Niqab is unconstitutional, illegal and of no effect,” according to a copy of the court documents seen by Muslim Voice NG.

The following excerpt was taken from one of the documents, “(The student code of dressing as issued on December 16th is) inconsistent with Sections 38 (1) and 42(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which guarantees the religious rights of the applicant in practice and practical observation whether in public or in private and by extension the use of the Niqab (Face Veil) without discrimination.”

Respondents one, two, three, and four in the claim include FUNAAB, its governing council, the university’s senate, and its vice-chancellor, Felix Salako.

The matter was first scheduled for hearing on February 22, 2022, and then moved to Thursday, March 17, 2022. Meanwhile, the judgment was set for May 19th, 2022 at the Federal High Court in Abeokuta.

High Court judgement

The Preliminary Objection of FUNAAB was dismissed for lack of merit before the Federal High Court in Abeokuta today to assess the use of the Niqab at the Federal University of Agriculture Abeokuta. In addition, Maryam Abioye’s main application was dismissed.

“We are of the firm view that there are more than enough grounds (errors) in the Judgment which we can explore on Appeal,” Adetola Kazeem said.

“We have applied for the Judgment, will study and proceed on appeal after consultation with key stakeholders.

“In the meantime, there are pronouncements in the Judgment we believe the students can explore in engaging the school authority and in establishing their inalienable rights to manifest their religious practices (in this case the use of the Niqab) pending the determination of the Appeal,” he added.

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