Court Declares NYSC Ban on Skirts for Religious Reasons Unconstitutional

Federal High Court in Abuja has ruled that the National Youth Service Corps’ prohibition against female corps members wearing skirts for religious reasons is unconstitutional and infringes upon the fundamental right to freedom of religion.

 

In a judgment rendered on June 13, 2025, with a certified true copy observed on Sunday, Justice Hauwa Yilwa determined that the NYSC’s mandate for trousers as the sole uniform option for female participants contravenes constitutionally enshrined rights to religious freedom and human dignity.

 

The cases, originally filed separately by former corps members Miss Ogunjobi Blessing and Miss Ayuba Vivian, were merged due to their legal similarities and adjudicated collectively by Justice Yilwa.

 

In the suits marked FHC/ABJ/CS/989/2020 and FHC/ABJ/CS/988/2020, the applicants contended that being forced to wear trousers conflicted with their Christian beliefs, citing Deuteronomy 22:5, which they interpret as forbidding women from donning apparel associated with men.

 

In their distinct suits, the applicants sought enforcement of their fundamental rights to religious freedom, asserting that these rights had been violated by the respondents.

 

Named as respondents in the suits were the National Youth Service Corps and the Director-General of the NYSC.

 

Their applications were submitted pursuant to Order 11, Rules 1–5 of the Fundamental Rights (Enforcement Procedure) Rules 2009; Sections 38 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); Articles 2, 5, 6, 8, 10, 17, and 19 of the African Charter on Human and Peoples’ Rights; and under the inherent jurisdiction of the court.

 

They sought the following reliefs: “A declaration that the NYSC’s refusal to recognize and permit skirts as part of the NYSC uniform constitutes a violation of the applicant’s rights under Section 38(1) of the 1999 Constitution (as amended), as well as Deuteronomy 22:5 of the Bible, and a misinterpretation of Schedule 2, Article 1(I)(a) of the NYSC Bye-Laws 1993.

 

“A declaration that the use of skirts by the applicant in the NYSC scheme is integral to her fundamental rights to religious freedom and to manifest the same in practice and observance as provided for in Section 38(1) of the 1999 Constitution (as amended).

 

“A declaration that the harassment, embarrassment, and humiliation experienced by the applicant at the hands of NYSC officials constitute a clear violation of her rights to religious freedom and the right to human dignity and protection from degrading treatment.

 

“An order compelling the respondents, their servants, agents, privies, or anyone acting on their behalf, to recognize, allow, and provide skirts for the applicant or any female corps member wishing to wear the same in accordance with Section 38(1) of the 1999 Constitution (as amended) and Deuteronomy 22:5.”

 

They also sought damages amounting to ₦10,000,000, and any further orders the Honourable Court may deem appropriate in the circumstances.

 

The court, in its decision, held that the NYSC’s insistence on trousers not only infringed upon the applicants’ right to manifest their religion under Section 38(1) of the 1999 Constitution (as amended), but also subjected them to undue harassment and degrading treatment.

 

Justice Yilwa, in her ruling, granted all the reliefs requested by the applicants and issued identical orders in both cases.

 

“A declaration that the refusal to allow skirts for religious purposes is unconstitutional.

 

“An order mandating the NYSC to recognize and permit the use of skirts for female corps members with genuine religious objections.

 

“A directive compelling the NYSC to recall the affected former corps members and issue their certificates accordingly,” the court stated.

 

The court further declared that the harassment, embarrassment, and humiliation suffered by the applicants at the hands of NYSC officials constituted a clear infringement of their fundamental rights to religion and freedom to practice it.

 

The judge awarded ₦500,000 in damages to each applicant for the violation of their fundamental rights.

 

Although both applicants had sought ₦10 million in damages, the court considered ₦500,000 to be sufficient in the circumstances.

 

The judgment underscored that denying the applicants the opportunity to complete their national service based on their attire amounted to religious discrimination.

 

“The actions of the respondents resulted in the applicants being embarrassed and humiliated.

 

“This is a blatant infringement of their fundamental rights,” Justice Yilwa stated.