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Court Orders NYSC to Allow Female Graduates Serve in Skirts

The Federal High Court in Abuja has on 13th July ordered the National Youth Service Corps to allow female corps members to wear skirts in observance of their religious beliefs.

The court declared that the NYSC maintaining over the years that trouser is the only accepted dress mode for service is unconstitutional and breaches the fundamental right to freedom of religion.

In a copy of the judgement sighted by NEWSMAX on Sunday, the court sitting under Justice Hauwa Yilwa ruled that enforcing trouser on citizens as the only acceptable uniform for service was violating the freedom of religion and human dignity.

Earlier, two former corps members; Miss Ogunjobi Blessing and Miss Ayuba Vivian, had filed the case in which they were later consolidated due to their legal similarities and adjudicated together by Justice Yilwa.

In the separate suits marked FHC/ABJ/CS/989/2020 and FHC/ABJ/CS/988/2020, the applicants quoted Deuteronomy 22:5 arguing that being compelled to wear trousers contradicted their Christian faith.

Based on their conviction, the applicants requested that their fundamental rights to freedom of religion be enforced fully.

The suits listed the National Youth Service Corps and the Director-General of the NYSC as respondents respectively.

Their applications were brought pursuant to Order 11, Rules 1–5 of the Fundamental Rights (Enforcement Procedure) Rules 2009; Sections 38 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); Articles 2, 5, 6, 8, 10, 17, and 19 of the African Charter on Human and Peoples’ Rights; and under the inherent jurisdiction of the court.

The suit sought the following reliefs, “A declaration that the refusal of the NYSC to recognise and allow skirts as part of the NYSC uniform constitutes a breach of the applicant’s right under Section 38(1) of the 1999 Constitution (as amended), as well as Deuteronomy 22:5 of the Bible, and a misinterpretation of Schedule 2, Article 1(I)(a) of the NYSC Bye-Laws 1993.

“A declaration that the use of skirts by the applicant in the NYSC scheme forms part of her fundamental rights to freedom of religion and to manifest the same in practice and observance as provided for in Section 38(1) of the 1999 Constitution (as amended).

“A declaration that the harassment, embarrassment, and humiliation suffered by the applicant at the hands of NYSC officials constitute a clear infringement of her rights to freedom of religion and to manifest same in practice, as well as the right to human dignity and protection from degrading treatment.

“An order compelling the respondents, their servants, agents, privies, or anyone acting on their behalf, to recognise, allow, and provide skirts for the applicant or any female corps member wishing to wear same in accordance with Section 38(1) of the 1999 Constitution (as amended) and Deuteronomy 22:5”.

They applicants also demanded that NYSC be made to pay them ₦10,000,000 in damages and anything else the Honourable Court deemed fit.

In the court sitting, it ruled in favor of the applicants stating that NYSC by its practice denied fresh graduates their rights to religion under Section 38(1) of the 1999 Constitution (as amended).

It also held that the enforcement subjected female corps members to undue harassment and degrading treatment.

Read Also: Minister of Education Moves For NYSC to be Extended to Two Years

“The actions of the respondents resulted in the applicants being embarrassed and humiliated.

“This is a blatant infringement of their fundamental rights,” the court stated.

Therefore, Justice Yilwa granted all the reliefs sought by the applicants and issued identical orders in both cases.

He stated; “A declaration that the refusal to allow skirts for religious purposes is unconstitutional.

“An order mandating the NYSC 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 issue their certificates accordingly.”

The judge further granted ₦500,000 in damages to each applicant for the violation of their fundamental rights as against the 100m naira they south after.

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