The Federal High Court in Abuja has ruled that the National Youth Service Corps (NYSC) acted unconstitutionally by refusing to allow female corps members to wear skirts on religious grounds, describing the restriction as a violation of their fundamental rights.
Delivering judgment, Justice Hauwa Yilwa held that insisting on trousers as the only acceptable uniform for female participants breaches constitutionally guaranteed rights to freedom of religion and human dignity.
The certified true copy of the judgment was obtained on Sunday.
The decision followed two separate suits filed by former corps members, Ogunjobi Blessing and Ayuba Vivian, who argued that wearing trousers conflicted with their Christian faith. The cases, marked FHC/ABJ/CS/989/2020 and FHC/ABJ/CS/988/2020, were later consolidated due to their similar facts and jointly heard by Justice Yilwa.
The applicants relied on Deuteronomy 22:5, which they interpret as prohibiting women from wearing clothes associated with men, to support their claim of religious infringement. They asked the court to uphold their rights under Sections 38 and 42 of the 1999 Constitution, the African Charter on Human and Peoples’ Rights, and the NYSC Bye-Laws.
The applicants relied on Deuteronomy 22:5, which they interpret as prohibiting women from wearing clothes associated with men, to support their claim of religious infringement. They asked the court to uphold their rights under Sections 38 and 42 of the 1999 Constitution, the African Charter on Human and Peoples’ Rights, and the NYSC Bye-Laws.
The NYSC and its Director-General were listed as respondents.
Among other reliefs, the applicants sought a declaration that the scheme’s refusal to allow skirts amounted to a misinterpretation of its by-laws and an infringement of their religious rights. They also requested ₦10 million each as compensation for alleged harassment and degrading treatment by NYSC officials.
Justice Yilwa granted all the reliefs sought by the applicants.
She ruled that the refusal to allow female corps members to wear skirts for religious reasons was “unconstitutional.”
The court issued an order mandating the NYSC to “recognise and permit the use of skirts for female corps members with genuine religious objections.”
Justice Yilwa also directed the NYSC to recall the affected former corps members and issue them their certificates of national service.
She said: “The actions of the respondents resulted in the applicants being embarrassed and humiliated. This is a blatant infringement of their fundamental rights.”
The judge awarded ₦500,000 in damages to each applicant, noting that although they had claimed ₦10 million, the court considered the lower amount sufficient.
She also affirmed that the applicants’ disqualification from completing national service based on attire constituted religious discrimination.
