We don’t want peace of the graveyard on hijab anymore —Ishola, chairman, Kwara Muslim Youths

Malam Yahya Ishola is the chairman, Kwara Muslim Youths. He speaks on the raging hijab controversy in the state.

Tell us about the background to the present crisis on hijab in Kwara State.

At the behest and request of proprietors of mission schools, the Kwara State government took over the funding and administration of the schools. Concomitantly, education laws of 1974 and 2006 were promulgated to validate and give effect to the takeover.

In 2013, the Christian Association of Nigeria (CAN) took the Kwara State government to court, seeking several declaratory, injunctive compensations/reliefs, namely, ownership of over 150 primary and secondary schools; right to establish and own schools in conformity with the Christian faith; that the Kwara State government is not entitled to continue to manage and control over 150 schools; that ‘grant-in-aid’ as envisaged by the Kwara State Education Law of 2006 is not synonymous with ownership, management and control; that CAN has exclusive control and management of the other 150 schools effective from 2014/2015 academic year; mandatory injunction restraining the government from further control and management of the schools in question; N2 billion as compensation and damage for infringing on the constitutional right of propagating Christianity through establishment of over 150 schools; and another N2 billion for the use and occupation of the 150 schools, totalling N4 billion.

Permit me to reiterate that all the above claims were dismissed both at the High Court of Kwara State on the 17th of May, 2016 and the Court of Appeal on the 20th of September, 2019.

Explain the issue of grant-aid as you know it, regarding the said judgement?

If Nigeria, nay Kwara, were a sane clime, we should not be talking of ‘grant-aided’ or ‘grant-in-aid’ or ‘missionary schools’ because the practical translation and legal effect of the judgments under reference is that the ownership question (and several others) submitted to court for adjudication have been determined. But CAN and its foot soldiers within and outside government would have none of that as it continues to use threat of violence, incitement and prevarication to twist established facts and misinform the public.

Unfortunately, the Kwara State government that was the victorious party at the second highest court in the land has been tongue-tied, unassertive, reticent, reluctant, indecisive and indeed hypocritical in taking decision that is in tandem and consonance with the judgment of the Court of Appeal delivered on 20 September, 2019.

Let it be noted that of these three Court of Appeal judgments on the issue at hand, two of them, by accident or coincidence of fate, emanated from Kwara State, one, provost, College of Education, Ilorin, and two others vs Bashirah Salih and two others CA/IC/49/2006 delivered on 18th May, 2009, and Abdulkareem vs Lagos State government (2016). In the two judgments of the Court of Appeal, the right to don hijab was affirmed as a constitutional right in consonance and conformity with Section 38 of 1999 Constitution as amended.

The three judgments referred to above are more than enough proofs/grounds and legal as well as political and social basis for Kwara State to act justly and without delay. It is rather benumbing and provocative that since 12 years ago when one of Kwara State’s educational institutions, the Kwara State College of Education, was taken to court on this same issue of hijab, the government has not deemed it fit to take proactive official steps to implement the judgment in all educational institutions.

To demonstrate its sense of irresponsibility, recklessness, partiality, hypocrisy, onesidedness and lawlessness, the state government has continued to take one wrong step after another vis-a-vis this all-important matter.

One is particularly perturbed that the government and its officials continue to refer to schools (wholly funded by taxpayers’ money) as ‘grant-in-aid’ or ‘grant-aided’ or ‘missionary schools’. It is this kind of attitude that is creating a false, duplicitous and fraudulent sense of ownership in CAN and its agents.

Another of such government ineptitude is the statement issued by the Secretary to the Kwara State Government, Professor M. S. Jubril, on Friday, 25th February, 2021 wherein he severally referred to the schools as ‘public/grant-aided schools’. How on earth would a school be regarded as ‘public’ and still be ‘grant-aided’? This kind of confusion is what is creating a false sense of entitlement in the mind of CAN. It is rather sad and embarrassing that a victorious Kwara State government at the court of law is behaving like the vanquished.

While we hope that the government would be alive to its responsibilities and duties in maintaining peace and order as well as protection of lives and property, we shall never fail to do our all (within the ambit of the law) to protect, preserve and assert our Allah-given and constitutionally sanctioned rights to practise our religion.

How, in your view, can the matter be resolved?

First, we demand that the use of such words as ‘mission schools’ be expunged from our statute books as they lack legal or practical or pragmatic basis. The confusion generated by employment of such dubious and fraudulent words/phrases is capable of worsening an already bad situation.

The government should fish out and punish those who forcibly removed hijab from female Muslim pupils/students. They are identifiable and this is the only way to prevent people from resorting to self-help.

The mode and manner of hijab to be used in the schools cannot be entirely entrusted to the Ministry of Education headed by CAN agents, rather trusted Islamic scholars who know their onions should be the ones to advise the government appropriately. For the avoidance of doubt, CAN and its agents have no say in this. We are in no way perturbed by CAN’s call on its members to dress up their children in church garments as we know that just as this effort failed in Osun State, so it would crumble in Kwara State as there is a world of difference between hijab (that emanated from the heart) as opposed to church garments that is borne out of reactionary impulses and sentiments.

We shall take serious exception to any Muslim in the employ of the state government being victimised for alleged direct or indirect role in the build-up to the crisis under reference.

Henceforth, we may be constrained to flex our demographic muscle, among others, as it is undisputed that Muslims are in clear and overwhelming majority in 14 out of the 16 local government areas of Kwara State. It is rather outlandish and simpletonic that the minority would be oppressively having their say and way while the majority are made to look on. What a jungle justice!

While we are not against dialogue and peaceful coexistence, we shall not be part of any meeting, gathering, circulars, workshop, instructions, laws, edicts, etc, that would be at variance with the three judgments of the second highest court in the land copiously referred to. It is hoped that we shall not be forced to take up contempt proceedings against the state and its relevant agencies/agents and CAN and its agents.

Kwara Muslim Youth would neither succumb to jungle justice nor peace of the graveyard anymore. It would be disastrous and catastrophic for the government to play politics with faith and fate of the Muslim community. We cannot continue to hold the horns of cows while others are milking them.

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