The Federal High Court in Abuja has declared the National Youth Service Corps’s (NYSC) refusal to allow female corps members to wear skirts in observance of their religious beliefs as unconstitutional and a breach of the fundamental right to freedom of religion.
Justice Hauwa Yilwa ruled on June 13, 2025, that the NYSC’s requirement of trousers as the only acceptable uniform for female participants violated the constitutionally guaranteed rights to religious freedom and human dignity. A certified true copy of the decision was sighted on Sunday.
The cases, initially filed individually by former corps members Miss Ogunjobi Blessing and Miss Ayuba Vivian, were eventually amalgamated due to legal similarities and decided jointly by Justice Yilwa.
In the lawsuits FHC/ABJ/CS/989/2020 and FHC/ABJ/CS/988/2020, the applicants claimed that being forced to wear pants violated their Christian faith, citing Deuteronomy 22:5, which they interpret as banning women from donning clothing associated with men.
In their individual lawsuits, the applicants sought to vindicate their fundamental rights to religious freedom, saying that the respondents had breached these rights.
Respondents in the suits included the National Youth Service Corps and the NYSC Director-General.
Their applications were filed under Order 11, Rules 1-5 of the Fundamental Rights (Enforcement Procedure) Rules 2009; Sections 38 and 42 of the Federal Republic of Nigeria’s 1999 Constitution (as amended); Articles 2, 5, 6, 8, 10, 17, and 19 of the African Charter on Human and Peoples’ Rights; and the court’s inherent jurisdiction.
They sought the following reliefs: “A declaration that the refusal of the NYSC to recognise and allow skirts as part of the NYSC uniform constitutes a breach of the applicant’s right 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 forms part of her fundamental rights to freedom of religion 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 suffered by the applicant at the hands of NYSC officials constitute a clear infringement of her rights to freedom of religion and to manifest the same in practice, as well as 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 recognise, 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.”
The plaintiffs requested ₦10,000,000 in damages and any additional orders deemed appropriate by the court.
The court ruled that the NYSC’s demand on trousers not only violated the petitioners’ right to express their faith under Section 38(1) of the 1999 Constitution (as amended), but also subjected them to undue harassment and degrading treatment.
In her ruling, Justice Yilwa granted all of the applicants’ requests for relief and issued similar orders in both cases.
“A declaration that the refusal to allow skirts for religious purposes is unconstitutional.
“An order mandating the NYSC to recognise 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 concluded that the petitioners’ harassment, shame, and humiliation at the hands of NYSC personnel was a blatant violation of their fundamental rights to religion and the freedom to practice it.
The judge fined each applicant ₦500,000 as damages for violating their fundamental rights.
Although both applicants wanted ₦10 million in damages, the court deemed ₦500,000 appropriate in the circumstances.
The decision highlighted that denying the applicants the opportunity to finish their national duty owing to their dress constituted 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.
