Nigeria’s Supreme Court has hit a rough patch in the last few days. First, it was an unprecedented protest letter from the justices of the court to the immediate past Chief Justice of Nigeria (CJN), Ibrahim Muhammad Tanko, alleging neglect and poor conditions of service. As if that was not enough, the CJN soon resigned from his position under controversial circumstances.
Though ill health was cited as the reason, it was reported that Tanko was forced to resign because of corruption allegations, as some justices of the court had threatened to cease sitting as from September, if he was not removed.
These incidents have shocked Nigerians. It was never contemplated that the Supreme Court, being conservative by nature, would get to this point of the Lord Justices engaging in a fight. However, it is obvious that they must have choked on the problems for a long time before they descend this low. This does not speak well of the highest court in the land and it must be addressed.
However, as dirty and unprecedented as the circumstances surrounding the ex-CJN’s resignation were, what has drawn the most attention was the contentious ruling where six of the justice of the apex court affirmed the rights of Muslim female students in Lagos State public primary and secondary schools to wear hijab, an overall dress worn by Muslim women.
One of the justices courageously differed from the others.
Indeed, the hijab ruling, which many consider wrong and ill-timed no matter how one looks at it, is an invitation to chaos.
Being not a lawyer, I hope I would be forgiven for delving into an uncharted course but I do believe the Supreme Court erred by holding that wearing the hijab in public schools of a secular country like Nigeria is proper.
Without sentiments, banning the wearing of hijab by female Muslim students in schools does not violate their fundamental rights to freedom of thought, conscience, religion or freedom from discrimination. Rather, it respects the divergence of religious attire; otherwise, our school system would be overtaken by coats of many smudged colours.
Unfortunately, that is exactly what the Supreme Court has done by its weird decision, leading the protest by an activist-lawyer, Chief Michael Omirhobo, who shocked Nigerians by coming to court, adorned in traditionalist attire alongside his lawyer’s robe and wig.
Omirhobo’s action shocked the Justices, who were nonplussed and forced to proceed on recess.
According to him, since the Supreme Court has ruled that students could wear hijab to public schools in Lagos, that means the Supreme Court has permitted all religions, including traditionalists and juju priests, to dress how they wish.
Section 38 of the 1999 Constitution on which the apex court relied for its decision actually guarantees every Nigerian citizen the right to freedom of thought, conscience and religion. Nevertheless, these rights, essentially are private rights meant for the homes, places of worship, communities, and religious schools and not in public institutions run with taxpayers’ money.
The ruling deviates from the secular nature of the country, which Section 10 of the Nigerian Constitution guarantees, by prohibiting the federal or state governments from adopting any religion as the state religion.
Every Nigerian citizen has the right to freedom of thought, conscience and religion, as contained in Section 38 of the Constitution. However, the Supreme Court ruling is an affront to this constitutional provision or, at best, a forerunner to chaos and confusion.
And that is exactly what Omirhobo has tried to prove through his weird attire to the court.
The apex court has simply endorsed a tragicomedy of colours in public schools, as students would now be free to come to school, donning the garb of their respective religious bents.
How comic would our schools look if students from white garment churches, such as Celestial Church of Christ and Cherubim and Seraphim come to school dressed barefooted in their overflowing white gowns, or those of the traditional religion come with scary red clothes, beads on their neck, cowries knitted to their hair and red or white chalk drawn on their faces, as their faith demands?
The Supreme Court ruling is sad and unfortunate. Some religious bigots are celebrating this absurdity supposing that one religion has triumphed over others in a supposedly secular state like Nigeria. Has it, really?
The outward professions of faith to manipulate and beguile is shameful because indeed, most of the adherents do not really know or understand the god whose name they misappropriate to commit sundry distortions in the polity.
Nigeria has been overrun by pretentious religionists whose stock in trade is to inveigle the people and milk them dry. If they really appreciate God, they would never be caught causing mayhem and sowing seeds of discord among citizens. Sadly, they thrive in division but some gullible elements fall for their tricks.
The Boko Haram hoodlums are busy wasting innocent lives in the name of ‘their’ god. The scent of overflowing spilled innocent blood and scorched property titillates the so-called Islamists, but do they really represent Islam?
Methinks we have got to the stage when sanity should prevail over the hollowness of faith. I do not know whether the Supreme Court judges were in their full element when deciding that case before them, otherwise, it was not thoroughly done.
Public schools are established by the government with public funds and by virtue of section 10 of the Nigerian 1999 constitution and are, therefore, secular.
Religion is a private right and must be observed and enjoyed privately by individuals. The ruling has desecrated the public schools and reduced them from centres for learning to religious grounds.
Now, we shall begin to identify students by their religious leaning and consequently susceptible to prejudices, such as discrimination, favouritism, nepotism, victimisation, disunity and, moreover, distraction in the public school system.
The apex court is truly the final arbiter but this is one matter that needs to be revisited because of inherent errors and implications; more so for the sake of sanity in public schools.