The Court of Appeal sitting in Ibadan has overturned a previous judgment of the Oyo State High Court that permitted female Muslim students of the University of Ibadan International School (ISI) to wear hijab as part of their school uniform.
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The appellate court delivered its judgment on Friday, allowing the appeal filed by the management of the University of Ibadan International School against the May 22, 2024 ruling of the lower court.
The legal dispute began after 11 female Muslim students challenged the school’s decision to prohibit the use of hijab, arguing that the policy violated their constitutional right to freedom of religion.
In a split decision of two to one, the Court of Appeal ruled in favour of the school, holding that the earlier judgment was wrongly applied to the circumstances of the case.
Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the University of Ibadan International School is a private institution and not a public school. He explained that the Supreme Court’s earlier decision permitting the use of hijab applied specifically to public schools in Lagos State and could not automatically be extended to private educational institutions.
Justice Georgewill further stated that while freedom of religion is a constitutional right, individuals may voluntarily accept certain restrictions by agreeing to institutional rules. According to the court, parents and students of the International School had signed undertakings to comply with the school’s regulations, including its dress code and uniform policy.
He noted that although students in public schools may rely on existing Supreme Court decisions permitting the use of hijab, the apex court has not issued a similar ruling regarding private schools.
Consequently, the Court of Appeal set aside the judgment of the Oyo State High Court, effectively restoring the school’s policy on uniforms.
However, the decision was not unanimous. In his dissenting judgment, Justice Fadawu Umar held that the appeal lacked merit and affirmed the earlier ruling of the High Court, which recognised the students’ right to wear hijab while attending the school.
The ruling marks a significant development in the ongoing legal debate over the application of religious rights and institutional policies in Nigeria’s private educational institutions.
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