Turban, Hijab, and Niqab in Nigerian courts: Legal right, not Privilege – Agunbiade

Turban, Hijab, and Niqab in Nigerian courts: Legal right, not Privilege – Agunbiade

A Nigerian Islamic scholar, Mallam Ibrahim Agunbiade, has called for greater awareness and respect for the constitutional rights of citizens to wear religious head coverings—such as turbans, hijabs, and niqabs—in courtrooms across the country.

In a statement titled “Wearing Turban, Hijab and Niqab in Nigerian Courts: Rights, Respect and Reality” released on November 5, 2025, Agunbiade emphasized that no Nigerian law forbids the wearing of religious attire in court. He said the widespread belief that such coverings are “not allowed” stems from colonial-era customs rather than any legal provision.

“Many Nigerians assume that religious head coverings are not permitted in court, but this belief has no legal backing,” he wrote. “It traces its roots to colonial courtroom traditions influenced by Judeo-Christian culture, where removing hats indoors was seen as a sign of respect.”

Agunbiade, a Taalib Jami’ei at the Islamic Propagation Rabwa in Saudi Arabia, clarified that while judges maintain discretion over courtroom order, their decisions must not infringe on constitutionally guaranteed rights.

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“The real issue is not etiquette but discretion versus constitutional freedom,” he noted. “Should anyone ever be expelled or denied audience for wearing a turban, cap, or hijab, such a person is entitled to seek judicial interpretation.”

Citing Section 38 of the 1999 Constitution (as amended), Agunbiade stressed that freedom of thought, conscience, and religion includes the right to manifest one’s faith through appearance.

He referenced personal experiences from court proceedings involving Professor Ishaq Lakin Akintola, Director of the Muslim Rights Concern (MURIC), who was allowed to wear his turban throughout multiple sessions without objection from the bench.

Agunbiade also recalled the International School, University of Ibadan (ISI) hijab case, where notable Muslim figures—including former Minister of Communications, Barrister Adebayo Shittu, and other academics—appeared in court. While some chose to remove their caps, Professor Akintola’s turban remained on, and the court raised no issue.

“These instances affirm that many Nigerian judges understand and uphold religious freedom in their courts,” Agunbiade said. “It reflects maturity in judicial practice and strengthens Nigeria’s standing as a multi-religious nation governed by law, not bias.”

The scholar urged Nigerians to continue standing for their rights with knowledge and respect, stressing that religious freedom “is not a favour from authority but a fundamental right guaranteed by law.”

#MURIC #ReligiousFreedom #HijabRights #Justice #Nigeria #IslamicIdentity

Turban, Hijab, and Niqab in Nigerian courts: Legal right, not Privilege – Agunbiade