A landmark ruling by the Federal High Court in Abakaliki has mandated the National Youth Service Corps (NYSC) to permit female corps members to wear skirts as part of their official uniform if it aligns with their religious beliefs.
In a judgement delivered on Wednesday, January 31, 2024, Honorable Justice H.A. Nganjiwa awarded N5 million in favor of Miss Ufumaka Glory Ukpanken (Corper No. EB/A221514) against the NYSC, its Director General, and the State Coordinator.
This sum serves as general and exemplary damages for the infringement and violation of her fundamental rights.
The court’s decision, as stated in the judgment, declared that the NYSC’s refusal to recognize and allow skirts as part of the uniform breached Miss Ukpanken’s Fundamental Right as guaranteed under Section 38(1) of the 1999 Constitution.
The judgement cited her Christian beliefs and referenced the injunction in the Book of Deuteronomy Chapter 22, verse 5, in the Holy Bible (KJV) as supporting evidence.
Miss Ukpanken’s challenge against the NYSC’s uniform policy was grounded in her assertion that it infringed upon her fundamental right to freedom of religion and the freedom to manifest her Christian faith, as enshrined in the Constitution.
In a series of declaratory reliefs, the court affirmed that wearing skirts as part of the NYSC uniform constituted an exercise of Miss Ukpanken’s fundamental rights to freedom of religion and the freedom to manifest her beliefs.
Additionally, the court condemned the harassment, embarrassment, humiliation, and disciplinary actions taken against Miss Ukpanken by NYSC agents for her choice of attire, deeming it a violation of her fundamental rights to freedom of religion, dignity, and freedom from degrading treatment.
Consequently, the court issued several orders, including mandating the NYSC to recognize, allow, and provide skirts for female corps members wishing to exercise their religious rights.
This ruling sets a precedent for the accommodation of religious diversity within the NYSC framework and underscores the importance of upholding fundamental rights in uniform policies.
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