The Ta’awunu Human Rights Initiative (THURIST) wishes to express her dissatisfaction with respect to an internal memo of the University authority of the Federal University of Agriculture Abeokuta (FUNAAB) dated September 29, 2023, with which the University Senate purportedly relaxed the ban on Niqob in the University premises.
Even though the said memo purports to incorporate the Muslim Women’s veil (Niqob) as a mode of dressing acceptable by the University authority, we are disturbed by the inclusion of Clause V of the Memo which boldly circumvents the use of Niqob during Examination.
A careful reading of Clause V of the code no doubt reveals the taking away of the right supposedly being acknowledged and allowed by the University authority via the extant code/regulation.
It is unthinkable that Niqobites who had been admitted and duly registered with the University authority and had submitted themselves to facial and other forms of Identification on different occasions in the University will now be disallowed from appearing in their Niqobs for examinations, even when they can still be subjected to similar facial Identification on examinations days.
University rules and regulations are meant to regulate the affairs of the University community and cannot take the place of a substantive law nor be designed to violate the rights of others.
THURIST is yet to acknowledge any lift of ban on Niqob in FUNAAB so long as Clause V of the code remains in force. The said clause offends Section 38 of the Nigerian Constitution as same inhibits the Niqobites’ right to freedom of religion both in practice and observance as instructed by their Creator, and as allowed by the Constitution.
Kekere-Ekun JSC in the landmark hijab case between Lagos State Government Vs Asiyat Abdulkareem (2022) LPELR-58517(SC) decided by the Supreme Court while citing the case of Bronik Motors Vs Wema Bank (1983) All NLR 272 @291-292 held that “Nigeria is a multi-religious and multi-cultural society, which is evolving continuously and citizens are becoming more aware of their rights and the avenue through which to enforce them. This court, Per Nnamani, JSC, reiterated the principles of the construction of the constitutional provisions to the effect that a constitution is a living document providing a framework for the governance of a country, not only for the present, but for generations yet unborn. Adopting a liberal interpretation of section 38 of the 1999 constitution as amended, I hold that it amounts to a breach of the 1st and 2nd Respondents rights to freedom of thought, conscience and religion to forbid the wearing of hijab, by those who wish to do so, on their uniform.
If it is the desire of the appellants to foster unity and sense of belonging among all students, it should standardize the hijab for use in schools and incorporate it in the prescribed uniform”
While appreciating the FUNAAB University authority for toeing the part of dialogue and peaceful resolution of the Hijab/Niqob issue, we advise and urge the University Senate to review the regulation code with a view to expunging Clause V thereto to forestall future uprising.
Thank you.
Signed
Sulaymon A. Tadese ESQ, SNTDHRL, LFCWICL
Director General
THURIST-Nigeria
