The Court of Appeal in Ibadan has overturned the 2022 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 split decision delivered on Friday, the three-member panel held by a two-to-one majority that the Supreme Court’s ruling permitting the use of hijab in schools applies only to public educational institutions and not to privately run schools such as the International School, University of Ibadan.
The appellate court consequently set aside the earlier judgment of Justice Moshood Ishola of the Oyo State High Court, which had declared the school’s ban on hijab unconstitutional, ruling that it infringed on the students’ rights to freedom of religion and protection from discrimination.
The legal action was instituted by 11 Muslim students with the backing of the Muslim Rights Concern (MURIC), following the school’s refusal to permit the use of hijab as part of its official uniform.
Delivering the lead judgment, Justice Biobele Georgewill, whose decision was supported by Justice K.I. Amadi, held that the International School is a private institution and therefore not subject to the legal principles established by the Supreme Court regarding the use of hijab in public schools.
According to the court, the constitutional right to freedom of religion is a personal right that can be voluntarily waived.
Justice Georgewill held that the affected students had accepted the school’s rules by signing an undertaking to comply with its regulations, including the prescribed dress code.
He stated that while the Supreme Court had affirmed the right of Muslim students to wear hijab in public schools, it had not extended that position to private educational institutions.
“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,” the court held.
Justice Fadawu Umar, however, dissented from the majority decision, maintaining that the appeal lacked merit and should have been dismissed, effectively supporting the earlier High Court judgment.
The legal dispute dates back to 2018 when some Muslim students challenged the International School’s policy prohibiting the use of hijab with the school’s uniform.
In 2022, the Oyo State High Court ruled in favour of the students, declaring that the restriction violated their constitutional rights to freedom of religion and freedom from discrimination.
Unhappy with that verdict, the school authorities proceeded to the Court of Appeal, which has now reversed the High Court’s decision, restoring the school’s authority to enforce its existing uniform policy pending any contrary pronouncement by the Supreme Court.
