THE Court of Appeal in Ibadan has overturned an earlier judgment of the Oyo State High Court that allowed Muslim students of the International School, University of Ibadan (ISI), to wear hijab as part of the school’s approved uniform.
In a majority decision of two to one delivered today, the appellate court ruled that the Supreme Court’s decision permitting the use of hijab in schools applies only to public schools and does not extend to private institutions such as ISI.
The appellate panel consequently set aside the 2022 judgment of the Oyo State High Court, which had declared the school’s prohibition of hijab unconstitutional, holding that it violated the students’ rights to freedom of religion and protection from discrimination.
The case was filed by 11 Muslim students with the backing of the Muslim Rights Concern (MURIC), following the school’s enforcement of its dress code.
Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the International School, University of Ibadan is a private educational institution and is therefore not bound by the Supreme Court’s ruling on hijab in public schools.
The court further held that freedom of religion is a personal constitutional right that may be voluntarily waived.
According to the judgment, the students accepted the school’s rules, including its dress code, when they signed undertakings to abide by the institution’s regulations.
The justices also noted that while the Supreme Court has recognised the right of students to wear hijab in public schools, it has not issued a similar ruling regarding private schools.
However, Justice Fadawu Umar dissented, maintaining that the appeal lacked merit and should have been dismissed, thereby supporting the earlier High Court decision.
The dispute dates back to 2018 when some Muslim students challenged the school’s ban on wearing hijab with the official uniform.
In 2022, the Oyo State High Court ruled in their favour, prompting the school authorities to appeal the decision.
Today’s ruling by the Court of Appeal has now reversed that judgment, affirming the school’s authority to enforce its uniform policy as a private institution.
