A Federal High Court sitting in Abuja has declared as unconstitutional and a breach of fundamental rights to freedom of religion the National Youth Service Corps’ (NYSC) refusal to allow female corps members to wear in line with their religious beliefs.
The cases against the ban were separately filed by former corps members, Miss Ogunjobi John Blessing and Miss Ayuba Vivian, represented by their counsels, Baba Shehu Ahmad and K.A. Lawal, but were consolidated because of legal similarities and adjudicated by Justice Hauwa Joseph Yilwa.
Justice Yilwa, in her judgement, held that the NYSC’s enforcement of trousers as the only acceptable uniform for female participants in the mandatory national youth service scheme, violated their constitutionally guaranteed rights to freedom of religion and human dignity.
In the suits marked FHC/ABJ/CS/989/2020 and FHC/ABJ/CS/988/2020 respectively, the applicants argued that being compelled to wear trousers ran contrary to their Christian faith, referencing Deuteronomy 22:5, which they interpret as forbidding women from donning garments associated with men.
In the judgement, the court held that the NYSC’s insistence on trousers not only infringed on the applicants’ right to manifest their religion under Section 38(1) of the 1999 Constitution (as amended), but also subjected them to undue harassment and degrading treatment.
Justice Yilwa granted all reliefs sought by the applicants and issued identical orders in both cases: A declaration that the refusal to allow skirts for religious purposes is unconstitutional.
The applicants had sought for an order mandating NYSC Management to recognise and permit the use of skirts for female corps members with genuine religious objections.
A directive compelling the NYSC to recall the affected former corps members and certificates issued to each of them accordingly.
The court also made a declaration that the harassment, embarrassment and humiliation which the Applicants were subjected to in the hands of the agents of the Respondents were a clear infringement on the Applicants’ fundamental right to religion and freedom to manifest the same in practice.
The judge awarded ₦500,000 in damages to each applicant for the violation of their fundamental rights.
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