Despite the pronouncement last week by the Kwara State government directing all public schools in the state to henceforth allow female students to use the hijab, the last appears not to have been heard on the issue as it concerns schools with Christian heritage.
The government had announced the decision on Thursday to end the conflict between the two major religious communities in the state.
The conflict is over the use of the hijab by female Muslim students attending schools taken over long ago from their Christian founders by the government.
The government had temporarily shut 10 grant-aided secondary schools in Ilorin, the state capital, after Muslim female students insisted on using the head covering in the schools.
The schools are C&S College, ST. Anthony College, ECWA School, Surulere Baptist Secondary School, Bishop Smith Secondary School, CAC Secondary School, St. Barnabas Secondary School, St. John School, St. Williams Secondary School and St. James Secondary School.
The development took the talk outdoor the faculties. While Muslim leaders insisted students have to be allowed to apply the pinnacle covering in accordance with the Constitution, their Christian opposite numbers demanded appreciate for the history of the schools that have been mounted through church buildings or Christian missionaries.
On Thursday nighttime, the country government authorised using the hijab in all public faculties within the state.
According to a announcement by the Secretary to the State Government, Mamma Jibril, the authorities taken into consideration the submissions of all of the important hobby agencies on the matter in arriving at its selection.
“Consequently, the authorities hereby acknowledges and approves the right of the Muslim schoolgirl to put on the hijab, and directs the Ministry of Education and Human Capital Development to provide you with a uniform hijab for all public/ provide-aided colleges, in order to be the general mode of head masking in schools. Any inclined schoolgirl with the approved (uniform) hijab shall have the proper to wear the same in public/supply-aided faculties.
“Also, the government affirms the right of each toddler in public schools to freedom of worship.
“The government hereby directs that the affected 10 schools have to reopen to begin instructions on Monday 8th March 2021.”
Background
The disaster that have become full-blown within the beyond week started in 2012 while Christian agencies challenged the kingdom authorities’s manipulate of the schools.
The army government first proposed to take over missionary schools from churches and Islamic denominations inside the late Nineteen Sixties but did now not convey it out till the early Seventies. In 1974, the General Yakubu Gowon-led federal army authorities completed the technique no matter dissent from a few critics.
Many of the affected schools, now furnish-aided, had their names modified afterwards whilst a few, like the ones in Kwara, retained their names.
But it has given that been a tug of war as many canvassed for the return of the faculties to the owners due to the fact the cause of the handing-over seemed to be defeated.
For instance, in the late Seventies, the Anglican bishops of the western states stated certainly one of their situations for handing over their faculties changed into that the government could continue the teaching of morals, physical and spiritual training, and encourage scholars to take part inside the activities which would foster personal field and man or woman schooling in the college.
As facilities decayed in the faculties and the great of education plummeted, many Nigerians, which include a former Minister of Health, Alphonsus Nwosu, and a former Anambra State governor, Peter Obi, canvassed for the go back of the faculties to the missionaries.
Some state governments have considering heeded the call. In Delta State, forty schools have been handed over to the missions. These consist of 27 to the Catholic Mission; eight to the Anglican Mission; four to the Baptist Mission and one to the African Church Group.
In Kwara
Meanwhile, in 2012, owners of project schools and a few church buildings in Kwara approached the state authorities with a call for for the go back in their schools.
When the state authorities stated it could not grant their request until the nation’s Education Law of 2006 was repealed, the organizations headed to courtroom.
The Christian businesses, which includes the Incorporated Trustees of the Christian Association of Nigeria (CAN), Cherubim and Seraphim and Baptist Convention, filed the healthy against the nation authorities.
However, some Muslim businesses joined inside the suit as co-respondents because they were uncomfortable with the probably results of the go back of the colleges for his or her youngsters.
The state high court docket, in 2016, introduced its judgment in favour of the country government but the Christian organizations appealed. However, the Court of Appeal in Ilorin on September 20, 2019, affirmed the judgment. The 4-member panel, in a unanimous judgment, stated the enchantment lacked advantage.
In the lead judgment introduced via Justice Saidu Hussein, the court docket held that the country government stays the proprietor of faculties and the refusal of the schools to allow the use of hijab changed into discriminatory and no longer in step with the provisions of the Nigerian Constitution.
“The submission made on behalf of the appellants that segment 38(three) of the Constitution lets in them or offers them the special proper to make Christianity the only norm in the faculties below recognition is best wishful questioning. Such isn't tenable in a heterogeneous set-up together with the faculties below recognition in which students and scholars alike do no longer belong to the identical non secular network or denomination.
“The attraction at the entire falls and the same is brushed off as lacking in benefit as a result the judgement of the High Court of Justice of Kwara State delivered on the seventeenth May 2016 in Suit No. KWS/20C/2015 is affirmed,” the decide said.
“The appellants have in no way alleged the restrict of Christian college students from the practice of their faith or that Christian college students have been prohibited by means of the first – third respondents from the practice of their religion with the aid of purpose of the manipulate exerted by means of them in the management of the affairs of these schools.
“If that had been the case, their criticism would had been understood as real. This is not the case. Rather, it's miles the appellants who are not glad to look the 1st – 3rd respondents preserve to permit sure regulations being delivered into the ones colleges. They failed to understand that the colleges underneath attention, a number of that are co-educational, multi-ethnic and co-religious establishments, were run or managed as such public establishments for nicely over a duration of 40 years,” the judgment examine.
The appellants have proceeded to the Supreme Court.
Outburst
Following the enchantment court docket’s ruling, Muslim organizations established strain on the country government to compel the schools to permit using hijabs.
The current flare in the disaster commenced at Surulere Baptist Secondary School in Ilorin while the government requested some female students who donned hijabs to cast off them or cross lower back domestic.
This brought about an argument between a few clerics and team of workers of the college. This newspaper discovered that it then spread to a few other supply-aided secondary colleges.
When PREMIUM TIMES visited Barnabas Secondary School on Wednesday, one of the officials who requested not to be named due to the fact he turned into now not accredited to talk to reporters, stated a few Muslim clerics stormed the college and insisted that those with Hijab have to be allowed into the school premises.
“The teachers did no longer permit this and the problem escalated. We are not against using hijabs. If the authorities says we must upload it to the uniform, who are we to oppose it? Let the directive come from the government,” he stated.
To positioned an quit to the talk, the state government met with the spiritual leaders on two activities however no concrete decision become reached, our correspondent gathered.
The first meeting was presided with the aid of the Deputy Governor, Kayode Alabi, and the second one by way of Governor AbdulRahman AbdulRazaq. They both advised the events to bury their variations and allow peace to reign.
The CAN Director of Ecumenism and Interface in Kwara, Ralph Ajewole, a reverend father, showed the 2 conferences. He stated the missionaries are keen on upholding the lifestyle the founding fathers commenced concerning dressing.
“We are saying that there are traditions, there's a lifestyle that goes with the establishment of the colleges. Dressing is part of it and all that which we had been managing given that that time. Even although they are grant-aided, we still have the possession taking care of the dressing and all,” he instructed PREMIUM TIMES.
“I am no longer unaware that the Muslims need to apply hijabs however we are announcing that they could try this in Muslim supply-aided faculties and not Christian provide-aided schools, and until tomorrow we are still announcing that.”
He stated the problem of hijab, even though addressed within the court ruling, become now not a part of the match filed by using the Christian groups.
“We need the Supreme Court to recognize that difficulty of hijab changed into not a part of what we took to court docket and some matters that have been now not properly judged if so, we're contesting.”
“We are waiting for the government to behave because no person seems to be changing grounds for now. But we hope that very soon the scholars will resume. The communities also are discussing. We both love peace and concord,” Mr Ajewole stated Wednesday night.
Speaking with PREMIUM TIMES Wednesday nighttime, Abubakar Aliagan, a professor of Islamic studies at the University of Ilorin who represented the Muslims on the meetings, stated the scholars have to be allowed to exercising their constitutional rights since the Supreme Court is but to rule on the problem.
“The Christian missionaries have long past to court docket two times. It changed into among them and the authorities. Not until the ownership is given to them, (if the court docket makes a decision, so be it) the status of these colleges stay public schools. As public faculties, the authorities has duty to protect the hobby of each Muslims and Christian college students attending the colleges.
“It is the authorities that controls the faculty that has the right to present directives on the uniform it approves. What is happening is that there may be regulation from the ministry of education, the so-known as owners of the school will oppose it.”
Mr Aliagan stated if the school is lower back to them (missionaries), any Muslim that sends his baby to such school must be geared up to obey their guidelines.
However, Sambo Abdulfatah, who holds a PhD in law, reminded the 2 parties of section 23 of the 1999 Constitution regulation that preaches spiritual tolerance.
“The countrywide ethics shall be Discipline, Integrity, Dignity of Labour, Social, Justice, Religious Tolerance, Self-reliance and Patriotism,” the Constitution stipulates.
“No count number your faith, you have to tolerate other religions,” the don stated.
He said if that phase of the regulation is married with section 10 that permits non secular freedom, it will deliver a non violent resolution to the problem.
Mr Abdulfatah referred to as on the 2 religious groups to toe the path of peace, else, the authorities should take a company selection.
“If they're now not inclined to shift grounds, the authorities ought to comply with the dictates of the law. We don’t need problems of faith to cause chaos and anarchy in a non violent kingdom like Kwara. The authorities ought to be firm,” he said.
School proprietors defiant
Despite the government’s intervention, Christian leaders have rejected using hijabs as the college reopens subsequent Monday.
Reacting to the authorities’s decision, the proprietors in a communique read via Victor Dada on Sunday stated they condemn “using hijab in Christian missions supply-aided faculties as this will reason discrimination in colleges and permit terrorists to easily identify our youngsters and wards.
“Christian venture provide-aided colleges have to be returned to the owners right away as maximum of these faculties have church buildings besides them and useless trespass may lead to interrupt down of law and order.
“Christian trustworthy must occupy all provide-aided schools. Christians have to have an afternoon for prayers and fasting for God to interfere in the imbroglio.
“We shall maintain to engage and dialogue with the state authorities on the return of supply-aided schools to the proprietors,” Mr Dada said.
The spokespersons of Governor AbdulRahman AbdulRazaq and the education ministry each declined to touch upon the assertion by using the Christian leaders.
However, an reliable of the ministry who spoke unofficially on the matter, stated the choice of the authorities stands.
” The appeal courtroom has dominated that the schools belong to the government and the use of hijab is a constitutional proper of the scholars,” he stated.
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