Matilda Omonaiye/
A Lagos-based human rights lawyer, Chief Malcom Emokiniovo Omirohobo, has dragged the Inspector General of Police (IGP) before a Federal High Court in Lagos for approving the use of Hijab by policewomen.
Chief Omirohobo is seeking a declaration of the court that by the true interpretation and/or construction of Section 10 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) it is improper, illegal, unlawful, and unconstitutional for the IGP with the tacit support of the Federal Government and the Attorney General of the Federation to use public funds to approve, produce and/or procure, issue and distribute to Nigerian female police officers, throughout Nigeria, Hijab for use as part of their official dress code while on duty.
Joined as co-defenders is the Government of the Federal Republic of Nigeria and the Attorney General of the Federation.
According to a 60-paragraph affidavit in support of the originating summons that he swore to, Chief Omirohobo stated that he filed the suit in the public interest, and he is challenging the IGP and the Federal Government on the grounds that as a Nigerian Citizen it is his civic obligation and responsibility to always defend the constitution of the Federal Republic of Nigeria; that he owes his allegiance to his country Nigeria and his country’s Constitution.
The affidavit further reads: “As a result of the above, he is familiar with the facts of this case.
“He pays his taxes, Value Added Tax inclusive other levies imposed on Nigerian citizens by the Attorney General of the Federation.
“He is bringing this public interest case for the interest of the Nigerian Public, especially for the poor, weak, illiterates, uninformed, defenseless, and vulnerable ones therein.
“The Inspector-General of Nigeria Police is the Head of the Nigeria Police Force whose responsibility is to maintain law and order in Nigeria.
“The Nigeria Police Force is a creation of the Nigerian Constitution and funded with the Nigerian Taxpayers’ money and the commonwealth of the Nigerian citizens to serve and protect the interest of all Nigerians of different tribes, religions, languages, and cultures.
“The Nigeria Police is a public institution and a national agency portraying the image of Nigeria.
“The Nigeria Police is a part of or an agency of the Nigerian executive arm of government for the enforcement of law and maintenance of law and order.
“The Inspector-General of Police being the head of the Nigerian police is subject to judicial review of this Honorable Court.
“The Federal Republic of Nigeria is both a multi-ethnic and religious state inhabited by over 200 million citizens of over 500 ethnic groups who speak over 400 different languages and identified with diverse cultures. Apart from Islam and Christianity being the dominant religions in Nigeria, Nigerians practice other religions such as indigenous religion, African Traditionalists, Buddhist, Judaism, Daoism, Baha’i, Confucianism, Druze, Gnosticism, Jainism, Rastafarianism, Shinto, Sikhism, Zoroastrianism, Eckist, Armocs, grail message, Voodism, etc, there are also Atheists in Nigeria.
“Nigeria became an independent nation in 1960 and at the point of her independence, its founding fathers agreed that the country will be a secular country.
“By virtue of the Nigerian 1999 constitution (As Amended), Nigeria is a secular State without any officially recognized religion. The Nigeria Police comprises Nigerian Citizens of different religious beliefs. Nigeria Police do not have any official religion, as the Nigeria Police is a public institution and not a private organization.
“That the equipping, maintaining, and funding of the Nigeria Police for effectiveness in performing her statutory and constitutional responsibilities is covered by the Nigerian 1999 Constitution.
“However, the Inspector General of the Nigeria Police with the tacit support of the Federal Republic of Nigeria and the Attorney General of the Federation approved new dress code for female Muslim personnel which permits them to wear stud earrings and Hijab headscarf under their berets or peak caps, as the case may be, while in uniform.
“The new dress code was unveiled at the Inspector General of the Nigeria Police meeting with Strategic Police Managers on 3rd of March,2022.
“The Inspector-General of the Nigerian Police has ordered the immediate distribution of uniforms, kits, and other accouterments to its Muslim female officers across the country. The defendants are producing or procuring Hijab with public funds/tax players’ money.
“Hijab is a traditional scarf worn by Muslim women to cover the hair and neck and sometimes the face. Hijab is a dress code for Muslim women worldwide and is associated with Islam and is also synonymous with Islam.
“Hijab is an Islamic concept of modesty privacy and has no bearing with the performance of our Police Muslim women in the discharge of their statutory duties and responsibilities.
“The Nigeria Police personnel as ambassadors of Nigeria goes on international engagements such as peacekeeping mission all over the world.
“The wearing of Hijab by the Nigeria Police gives the world impression that Nigeria is an Islamic country.
“That by the Nigerian constitution the Attorney General of the Federation or any State Government and by extension any of Its agencies or States in Nigeria shall not adopt any religion as State religion
“By virtue of section 10 of the Nigerian 1999 Constitution Nigeria is a secular state. Nigeria is not an Islamic State.
“By the Nigerian Constitution no Nigerian citizen of a particular community, ethnic group, place of origin, sex, religion, or political opinions shall be discriminated upon.
“The approved new dress code of allowing Muslim female Nigeria police officers to use Hijab as part of their official uniform is discriminatory to other Nigeria police female police officers of other religious faiths and beliefs.
“That the use of hijab is a breach of Section 10 and 42(1)(a)(b) of the Nigerian 1999 constitution (As Amended).
“That the religion of police officers is a private and personal matter to them and not of public concern.
“By virtue of Section 10 of the Constitution of the Federal Republic of Nigeria, the defendants and the Nigeria police are to be neutral in religious matters.
“The 1999 constitution of Nigeria is the supreme law of Nigeria and has binding effect on all the Defendants and members of the Nigeria Police Force.
“This action is for this Honorable Court to interpret Sections 1 (1), 10, 42(1)(a)(b) and 214 of the Nigerian 1999 Constitution (As Amended) and give judicial pronouncement and/or decision on the propriety of the Defendants’ approving, producing, issuing, and distributing Hijab to female Muslim police officers as part of their official dress code.
“Unless the Defendants are restrained by this Honorable Court, they will continue to violate the constitution of Nigeria and the status of Nigeria as a secular State will continue to be underplayed and undermined. In no distant time the Army, Navy, Air Force and other paramilitary organizations like the Customs, Correctional Center, Immigration, Civil Defense, Road Safety Corps will join and in the use of Hijab for their Muslim female officers as dress code and thereby polarizing our entire security public officers on religious line.
“The Honorable Court has the jurisdiction to entertain public interest litigation for the benefit of the Nigerian Public, the Defendants will not be prejudiced if this application is granted, and it will be in the overall interest of justice that this application is granted.”
Consequently, Chief Malcom Omirhobo is seeking the following reliefs from the court:
“A declaration of the court that by the true interpretation and/or construction of Section 10 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) it is improper, illegal, unlawful and unconstitutional for the IGP with the tacit support of the Federal Government and the Attorney General of the Federation to use public funds to approve, produce and/or procure, issue and distribute to Nigerian female police officers, throughout Nigeria, Hijab for use as part of their official dress code while on duty.
“A declaration of this court that the defendant’s approval of Hijab as part of the official dress code for Nigerian Police officers amounts to the adoption of Islam as a state religion in Nigeria and therefore a flagrant violation of Section 10 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“A declaration of the court that true interpretation and/or construction of Section 42(1)(a)(b)of 1999 Constitution (As the Amended) the defendants’ approval of the use of Hijab as part of the official dress code for Nigerian female of Muslim police officers with public funds without approving dress code for other Nigerian female police officers of other religion is discriminatory and therefore illegal, unlawful and unconstitutional.
“A declaration of the court that by virtue of Section 10 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) Nigeria is a secular State.
“An order of the court annulling and /or cancelling the use of Hijab as part of the official dress code for female Muslim Nigerian police officers for being at variance and inconsistent with the provisions of Sections 1(1)(3), 10, 42(1)(a)(b) and 214 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and therefore improper, illegal, unlawful and unconstitutional.
“An order of the court restraining the defendants from further violating the provisions 1(1)(3), 10, 42(1)(a)(b) and 214 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended), through their act of permitting the use of hijab as part of the official dress code for Nigerian female Muslim police officers.
“An order of the court compelling the defendants to stop forthwith the production, issuance, distribution and use of hijab as part of the official dress code for Nigerian female Muslim.”
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