The Federal High Court has passed a ruling that female corp members should be allowed to wear skirts during their service year
The court ruled that NYSC’s refusal to permit female corps members to wear skirts is unconstitutional and infringes on the right to freedom of religion
Two former corp members; Mrs Ogunjobi Blessing and Miss Ayuba Vivian brought the case to the court arguing that being forced to wear trousers for their service program conflicted with their christian beliefs
The cases marked FHC/ABJ/CS/989/2020 and FHC/ABJ/CS/988/2020 named the NYSC and its Director-General as respondents.
The applicants pursued their claims under the 2009 Fundamental Rights (Enforcement Procedure) Rules, sections 38 and 42 of the 1999 Constitution (as amended), and various provisions of the African Charter on Human and Peoples’ Rights.
“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.”
While the applicants sought N10 million in damages, the court awarded N500,000 to each of them considering it adequate under the circumstances
