In a landmark court decision, Hon. Justice H.A. Nganjiwa of the Federal High Court, Abakaliki Division has ruled that female members of the National Youth Service Corps((NYSC) must be allowed to wear skirts instead of trousers as their uniforms.
The ruling centred on the harassment and sanction of the applicant, Miss Ufomaka Ukpanken by the NYSC authorities for wearing a skirt instead of the trousers provided as kit.
Miss Ukpanken sued averring that being forced to wear trousers against her religious belief is an infringement of her constitutionally guaranteed fundamental human rights.
The ruling means that female corpers who wish to wear skirts instead of trousers, as is currently the case, must be allowed to do so unfettered.
The judgment order
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABAKALIKI JUDICIAL DIVISION HOLDEN AT ABAKALIKI
ON WEDNESDAY THE 31ST DAY OF JANUARY, 2024 BEFORE HIS LORDSHIP, HON. JUSTICE H.A. NGANJIWA JUDGE
BETWEEN:
SUIT NO.: FHC/AI/CS/12/2023
MISS UFUMAKA GLORY UKPANKEN
CORPER No. EΕΒ/Α221514
APPLICANT
AND
NATIONAL YOUTH SERVICE CORPS
THE DIRECTOR GENERAL, NATIONAL YOUTH SERVICE CORPS
== RESPONDENTS
THE STATE CO-ORDINATOR NATIONAL YOUTH SERVICE CORPS
JUDGMENT ORDER
UPON THIS ORIGINATING MOTION dated the 12th day of January 2023 and filed on the 13th day of January 2023 seeking for the enforcement of the Applicant’s Fundamental Rights in terms of the reliefs set out in paragraphs 1 to 7 on the Motion Paper.
On the 23rd of November, 2023, I. Ο. Okhidievbie, Esq., adopted his processes on behalf of the Applicant and urged the Court to grant the application, while J. N. Oruna-Nwankwo, Esq., adopted his processes on behalf of the Respondents and urged the Court to dismiss the suit with a heavy cost for lacking in merit.
AND THE COURT, Having considered the submissions of Counsel and delivered Judgment this 31st day of January 2024, granted the application.
IT IS HEREBY ORDERED AS FOLLOWS:
That the application is granted as prayed.
A DECLARATION is made that the refusal of the Respondent to recognize and allow skirt as part of the National Youth Service Corps (NYSC) uniform/kit is a breach of the Applicant’s Fundamental Right as contained, guaranteed and protected under Section 38(1) of the 1999 Constitution (As amended) pursuant to the Applicant’s Christian belief, faith and injunction as contained in the Book of Deuteronomy Chapter 22, verse 5 in the Holy Bible (KJV) and, is a misreading of 2nd Schedule, Article 1 (I)(a) of the NYSC Bye-Laws, 1999.
A DECLARATION is made that the use of a skirt as her official dress, uniform/kit by the Applicant forms part of her Fundamental Rights to the Freedom of Religion and Freedom to manifest same in practice observance as CC guaranteed and protect 3/6 Section 38(1) of the 1999 Constitution amended). of Nigeria (as A DECLARATION is made that the harassment, embarrassment, humiliation and instituted proceedings to “discipline” the Applicant, to which she is currently subjected to in the hands of the agents of the Respondents is a clear infringement on the Fundamental Rights of the Applicant to Freedom of Religion and Freedom to manifest same in her fundamental right to dignity of the human person and from degrading treatment.
AN ORDER is made mandating the Respondents, servants, agents, privies or whatsoever called to recognize, allow and provide skirt for the Applicant or any female National Youth Service Corp member wishing to use same in line with her Fundamental Right as contained, guaranteed and protected under Section 38(1) of the 1999 Constitution of Nigeria (as amended) and pursuant to the injunction of the Holy Bible (KJV) in the Book of Deuteronomy at Chapter 22 verse 5 thereof.
AN ORDER OF PERPETUAL INJUNCTION is made restraining the Respondents, their servants, agents, privies or whatsoever called from further abducting, “arresting”, detaining and subjecting the Applicant or any female member of the National Youth Service Corps from further harassment, embarrassment, humiliation and instituted proceedings to “discipline” her on account of her use of skirt as part of her official NYSC dressing, uniform/kit or in purported enforcement of the NYSC Bye LAWS 1999 or any amended version in this regard.
General and exemplary damages of N5, 000, 000.00 (Five Million Naira) only is awarded against the Respondents jointly and severally in favour of the Applicant for the infringement and violation of her Fundamental Rights.
AN ORDER is made that the Respondents allow the Applicant to complete her National Youth Service Corps as required by law.
AN ORDER is made that the Applicant upon completion of the said mandatory (NYSC) service, she be issued her certificate of National Service immediately.
AN ORDER is made that henceforth, the Respondents should not force female corps members to wear Trousers.
