BY: FATIMA ALHASSAN ABDULAHI*
By virtue of the provision of section 2 National Youth Service Corps Act (NYSC) every Nigerian regardless of gender, tribe, state of origin and religion upon obtaining a degree or a Higher National Diploma from any university in Nigeria or abroad, makes himself available for the one year compulsory national service except otherwise exempted under the Act. Pursuant to the above provision, Nigerian youths are annually mobilized and deployed to various states of the federation and the Federal capital territory, where they serve the nation for a period of one year. The purpose of this service, among others, is to foster national unity and inculcate entrepreneurial skill in the corps members.
An integral part of the one year compulsory national service is the orientation course. This aspect of NYSC entails the corps members being camped at a location in their state of deployment or any other place so designated for a period of three weeks. During this period the corps undergo physical training, series of lectures, engage in social activities and skill acquisition. Application for redeployment is also made during this period. These orientation camps in Nigeria comprise youths from across the states of the federation with varying backgrounds, cultures and religions. The fact that the camps comprise Muslims, Christians and adherents of other necessitates the need to protect the religious rights of all.
Section 38 of the 1999 Constitution (2011 as amended) which has a similar provision with article 18 of the Universal Declaration of Human Right (UDHR) and article 8 of the African Charter entitle every individual to right to freedom of thought, conscience and religion. Specifically, article 8 of the African Charter declares that no one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms. These provisions are just few among various international, regional and local statutes safeguarding and guaranteeing the right to freedom of religion.
In analyzing these provisions, religion consists of the basic elements of “believe” and “practice”. (See Ahmad N.A., Administration of Islamic Criminal Law Under the Nigerian Constitutional Democracy (2011) p. 69.). In Jenubu v Ojenye (1983) 4 NCLR 92, the Court held that the freedom of religion entitles a person to propagate his faith or belief through worship, practice, teaching and observance of the tenets of his religious rites and ceremonies. The above provisions are categorical and straight forward. However, to our dismay, certain aspects of the orientation course at the NYSC camps amount to flagrant violation of this fundamental human right. These aspects are:
THE DRESS CODE
Upon successful screening and registration at the NYSC camp, every corps member is issued a kit which contains the regulation outfit to be worn all through the orientation and that to be worn thereafter. The kit contains specifically two pairs of shorts, 2 white tops, a crested vest, a pair of khaki, belt, jungle boot, white canvass and, face cap and 2 pairs of socks (if you are lucky to get your size). Every corps member is compelled to wear a short and top with face cap and white canvass with socks every day all through the orientation course except on certain occasions which are very rare.
The Muslim female corps members who are under the religious obligation to cover up their bodies from the male folk except the face, palm and feet ( see Qur’an Chapter 24 verse 31) are, during this orientation course, forced to dress in manner contrary to their religious belief and practice; against the backdrop of the earlier cited provisions. Any effort on the part of a corps member to dress decently and in line with her religious ordain of covering her nakedness, is treated harshly and with serious threats if it is perceived by the authority at the NYSC camp that it runs contrary to the ‘imposed dress code.’ I witnessed an incidence where a corps member was sent back to the hostel after strong reprimand with a threat that next time the trouser will be cut short with scissors while in her body, to change into shorts from long trousers worn by her.
The most appalling fact is that none of the trainers I encountered in the camp is also dressed in shorts. They dress in track suits or any other form of long trouser which shows that the long trouser can comfortably serve the purpose the shorts are meant for.
Whatever the basis of the dress code and its imposition on Muslim faithful, especially the females, even if it is a statute, such a statute would at best be null and void in view of the fact that it violates Section 38 and section 1(2) and (3) of the 1999 Constitution which make the Constitution the Supreme law and declares any law inconsistent with it a nullity, and article 18 of UDHR and article 8 of the African Charter which also guarantee right to freedom of religion..
REQUIREMENTS FOR APPLICATION FOR RELOCATION ON MARRAIGE GROUND.
Married female corps members are entitled to the privilege of redeployment to the state their spouses reside in order to unite with their family. This is a good initiative. However, the problem lies with the requirements for the application. As a condition precedent, every application on this ground is expected to be accompanied by, among other things, evidence of change of name. The discharge certificate of a successful applicant is to bear the changed name, which is a combination of her name and the husband’s name.
Change of name is a feature unique to Marriage under the Matrimonial Cause Act. The Muslim females are, by their religious teachings, to bear their surname even after marriage (see Qur’an Chapter 33 verse 5). By imposing a change of name requirement on them, they are forced and coerced into dropping their religious belief and practice guaranteed by various laws.
RECOMMENDATION
The NYSC should take measures to correct these anomalies which are capable of dragging them into the den of litigation in order to safeguard the interest of the Muslim corps members and those of other religions who suffer unimaginable hardship and whose fundamental rights are infringed during the orientation course. Allowing a lady to cover her body in accordance with her religious dictate will cause harm to nobody.
Fatima Alhassan Abdullahi LL.B, (BL)
*Fatima Alhassan Abdullahi is a Kano based writer, poet and human right activist. She can be contacted at: teemalaw@yahoo.com