The Court of Appeal sitting in Ibadan has overturned the 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 uniform, ruling that the Supreme Court’s decision on the issue applies only to public schools.
In a split judgment delivered on Friday, the three-member appellate panel, by a majority of two to one, held that ISI is a private institution and is therefore not bound by the Supreme Court’s ruling permitting the use of hijab in public schools.
The appellate court consequently set aside the 2022 judgment of Justice Moshood Ishola of the Oyo State High Court, which had declared the school’s ban on hijab unconstitutional, holding that it violated the affected students’ rights to freedom of religion and protection from discrimination.
The case was instituted by 11 Muslim students with the backing of the Muslim Rights Concern (MURIC).
Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, ruled that the International School, University of Ibadan, is a private school and that students who voluntarily enrolled had agreed to abide by its regulations.
He held that the right to practise one’s religion is a personal constitutional right that can be waived.
“The students had waived that right by signing an undertaking to obey ISI’s rules and regulations, including its dress code.
“In public schools, you can wear hijab on school uniforms based on the judgment of the Supreme Court, but the Supreme Court is yet to make any decision on the use of hijab in private schools,” Justice Georgewill stated.
However, Justice Fadawu Umar dissented, maintaining that the appeal lacked merit and should have been dismissed, effectively upholding the earlier High Court decision.
The legal battle dates back to 2018 when some Muslim students challenged the school’s prohibition of hijab as part of its uniform policy, arguing that it infringed on their constitutional right to freedom of religion.
In 2022, the Oyo State High Court ruled in their favour, declaring the restriction unconstitutional and permitting the students to wear hijab to school.
The school authorities, dissatisfied with the verdict, appealed the decision, culminating in Friday’s judgment, which restores the school’s authority to enforce its existing dress code pending any contrary decision by the Supreme Court on the application of hijab rules in private schools.
