Semiu Akinbami, the lead counsel on the fundamental human right case on the use of hijab in Ogun State public schools, Monday, took a swipe at different parties seeking to join the case describing them as busybodies.
A 9-year-old girl, Aishat AbdulAleem, in a suit number AB/527/2018, had instituted a fundamental human right case against the Ogun State government and four others over use of hijab in Gateway Junior Secondary School, Abeokuta, Ogun State.
Since the court started, several bodies including individuals have sought to join the matter as interested parties and most recently, one Michael Akinbode and Tunde Olutayo-Aro.
At the resumed hearing, Monday, Akinbami, who has filled a counter affidavit praying the court not to join the parties describing them as busybodies wondered what the interest of the applicants are in the matter.
Akinbami said the parties seeking to join the suit are not touched or concerned by the suit, adding that their rights can not be violated by the case.
He further argued that the applicants have not shown by facts of what they stand to lose if they are not joined, saying they are not necessary or desirable parties to be joined.
Although the applications have not be argued as the applicants were yet to file their counter-affidavit, but when the judge asked why Akinbami did not want the parties to join, he said, “They have not satisfied the issue of law, what is their interest in the matter, are their right being violated?
“You must show that the judgement will affects you. Yes, the court can allow joiners but they must show sufficient interest. You need to satisfy the court about your interest in the matter.
“The parties seeking to join this case have not satisfied the position of the law. If their rights are violated, how are they affected my Lord? They want to join for what purpose? I think they are busy bodies.
“How would the enforcement of the fundamental human rights of Aishat affect you? She did not say all students must use hijab, Christians and even Muslims are not to be compelled to use hijab,” he said.
The counsel to the defendants, Yetunde Oresanya, however argued that the parties be allowed to join the case irrespective of whether they have interest in the case or not in line with nature of fundamental human rights legal procedure.
Olutayo-Aro, in his motion on notice filled 25th January, 2019 has argued that he has more than passing interest in the matter.
He said he owes an immense public policy benefit and a moral and professional duty to be joined as co-respondent in the matter.
He also submitted that he is aware of the implication and possible deleterious effect on the jurisprudence of Nigeria were courts to be seen as being used as avenues where some adults could easily instigate their children to disobey the lawful authority of their schools.
The presiding Judge, Justice Bamgbose Alabi, who appealed to the lawyers to allow accelerated hearing on the matter because of its sensitivity, however, adjourned the case till February 19, 2019 for ruling on the applications.