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 for religious reasons is unconstitutional and amounts to a violation of fundamental rights to freedom of religion and human dignity.
The judgment, delivered by Justice Hauwa Joseph Yilwa, followed two separate suits filed by former corps members, Miss Ogunjobi John Blessing and Miss Ayuba Vivian, which were consolidated due to their legal similarities. The applicants were represented by Baba Shehu Ahmad and K.A. Lawal.
In the consolidated cases, marked FHC/ABJ/CS/989/2020 and FHC/ABJ/CS/988/2020, the former corps members argued that the NYSC’s mandatory trouser policy for female participants contravened their Christian beliefs, citing Deuteronomy 22:5, which they interpret as a scriptural prohibition against women wearing male garments.
Justice Yilwa held that NYSC’s enforcement of trousers as the only acceptable uniform for female corps members violated Section 38(1) of the 1999 Constitution (as amended), which guarantees the right to freedom of thought, conscience, and religion.
The court ruled that:
The NYSC’s refusal to permit the use of skirts on religious grounds was unconstitutional.
The applicants’ rights were violated by the harassment and humiliation they suffered due to their refusal to wear trousers.
The NYSC must recognize and allow the use of skirts by female corps members with genuine religious objections.
The NYSC was compelled to recall the affected former corps members and issue valid certificates of national service.
In addition, the court awarded ₦500,000 in damages to each applicant for the infringement on their fundamental rights.
The landmark judgment may set a precedent for future uniform policy considerations within the NYSC and similar public institutions, particularly concerning religious accommodations.
