The Court of Appeal in Ibadan has overturned an Oyo State High Court judgment that permitted Muslim students of the International School, University of Ibadan, to wear hijab as part of the school’s approved uniform.
According to The Punch, the three-member appellate panel, in a split decision delivered on Friday, ruled by a two-to-one majority that the Supreme Court’s judgment allowing the use of hijab applies only to public schools and not private institutions such as the International School, University of Ibadan.
The appellate court set aside the earlier judgment of Justice Moshood Ishola of the Oyo State High Court, which held that the school’s ban on hijab violated the students’ constitutional rights to freedom of religion and freedom from discrimination.
Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the International School is a private institution and therefore not bound by the Supreme Court’s ruling on hijab in public schools.
“The students had waived that right by signing an undertaking to obey ISI’s rules and regulations, including its dress code,” Georgewill said.
He added:
“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 Fadawu Umar, however, dissented, maintaining that the appeal lacked merit and should have been dismissed.
The legal dispute began in 2018 when 11 Muslim students, backed by the Muslim Rights Concern (MURIC), challenged the school’s prohibition of hijab as part of its uniform policy.
In 2022, the Oyo State High Court ruled in favour of the students, prompting the school authorities to appeal the decision, which was overturned on Friday.
