Federal High Court to NYSC: Religion Comes Before Uniform

A Federal High Court sitting in Abuja has ruled that the National Youth Service Corps’ (NYSC) refusal to allow female corps members to wear skirts, in accordance with their religious beliefs, is unconstitutional and violates their fundamental rights. The judgment, delivered by Justice Hauwa Yilwa, affirms the right of female corps members to dress in line with their faith without being subjected to harassment or exclusion from the national service scheme.

According to iReporter Online, the decision stems from a consolidated suit brought by two former corps members—Miss Ogunjobi Blessing and Miss Ayuba Vivian—who had separately filed legal actions challenging the NYSC’s uniform policy, which mandates trousers for all female participants. The court found that the enforcement of this dress code violated their constitutional right to freedom of religion, as provided under Section 38(1) of the 1999 Constitution.

The applicants referenced biblical scripture, particularly Deuteronomy 22:5, as the basis of their religious conviction against wearing trousers. They also cited multiple constitutional and regional legal instruments, including the African Charter on Human and Peoples’ Rights, to argue that they had been subjected to degrading treatment and discrimination on religious grounds.

Justice Yilwa ruled in their favour, declaring that the NYSC’s policy infringed upon their rights to human dignity, religious freedom, and non-discrimination. The court awarded each applicant N500,000 in damages, a fraction of the N10 million they initially sought but deemed sufficient by the court.

In addition to awarding compensation, the court ordered the NYSC to recognise and allow the use of skirts as a valid option in its uniform for female corps members with genuine religious objections. The court also instructed the NYSC to recall the two former participants and issue their certificates of national service, which had been withheld as a result of their non-compliance with the uniform policy.

The ruling has been widely described by legal observers as a landmark affirmation of religious freedom and gender dignity within Nigeria’s national institutions. The court stressed that compelling individuals to act in a manner contrary to their religious conscience under a state-run programme not only amounts to discrimination but also subjects them to avoidable humiliation.

Justice Yilwa’s decision, according to iReporter Online, mandates that all relevant authorities within the NYSC act in compliance with the constitution and uphold the rights of female corps members who choose to manifest their faith through modest or religion-specific attire.