LSP093: The Use of Skirts during the NYSC Year

Law and religion do overlap. This happens because an individual’s behaviour patterns and ways of life can be sometimes influenced by religion which in turn has a legal effect.

On this blog, we have discussed how these two concepts played out in a blood transfusion scenario here. Today, we shall be discussing whether the decision of a female corp member who refused to wear the mandatory NYSC trouser is valid in law.

The right to freedom of religion is one of the fundamental human rights recognized and guaranteed under the Constitution of the Federal Republic of Nigeria. Section 38 of the Constitution houses this right. Stating the scope of this right, the Court in Medical and Dental Practitioners Disciplinary Tribunal v Okonkwo (2001) 10 WRN 1 SC at 41 held that: the right to freedom of Thought, Conscience, and Religion implies a right not to be prevented, without lawful justification, from choosing the course of one’s life, fashioned on what one believes in, and a right not to be coerced into acting contrary to one’s religious belief. The limits of these freedoms, as in all cases, are when they impinge on the rights of others or where they put the welfare of society or public health in jeopardy. 

In the Federal High Court case of Julia v NYSC, Emeghoghena Julia and six others were Corp Members who graduated from the University of Ibadan in 2019. During their service, they were denied the use of a skirt as uniform by the agent of the defendant, thereby subsequently denying the plaintiff’s completion of service.

The applicants stated that the use of trousers by females was against their faith as Deuteronomy 22:5 forbids females from using/wearing male clothing such as trousers. 

The applicants further stated that they were ostracized as a result of their stance and were finally de-kitted and decamped on the ground that they did not comply with the NYSC regulation for dressing.

Delivering the judgment, the Federal High Court of Nigeria, declared that the use of skirt by the applicant in National Youth Service Corps forms part of the fundamental Rights to freedom of Religion and Freedom to manifest same in practice and observance as contained in the Section 38(1) of 1999 Constitution (as amended).

The Court also ordered to recall of the applicants and restore all their entitlements in accordance with rights and benefits accorded their call mates including the issuance of call certificates of that year with damages in the sum of N1,000,000.00 (One Million Naira) each.

At this juncture, it is this writer’s opinion that this decision will likely be overturned at the higher court on the ground of public policy. However until and unless overturned, the principle of law in Nigeria is that the use of skirts during the NYSC year is permissible.

Thank you for reading. I’m wishing you a peaceful new month.