The Court of Appeal sitting in Ibadan has set aside the judgment of the Oyo State High Court which allowed female Muslim students of the University of Ibadan International School (ISI) to wear hijab with their school uniforms.
The appellate court delivered the judgment on Friday while ruling on an appeal filed by the management of the University of Ibadan International School against the May 22, 2024, decision of the lower court.
Kano Times reports that the suit was instituted by 11 Muslim female students who alleged that the school’s refusal to allow them wear hijab violated their fundamental rights to freedom of religion.
In a split judgment of two to one, the Court of Appeal upheld the school’s appeal and nullified the High Court’s verdict.
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, therefore, not covered by the Supreme Court’s earlier ruling permitting the use of hijab in public schools.
Justice Georgewill noted that the Supreme Court decision related specifically to a public school in Lagos State and could not be extended automatically to private educational institutions.
He further held that the right to practise one’s religion is a personal right that can be voluntarily waived, adding that the students accepted the school’s rules, including its dress code, upon admission.
“In public schools, students 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 judgment of the lower court allowing female Muslim students to wear hijab on their school uniforms in ISI, a private school, is hereby set aside,” the court ruled.
However, Justice Fadawu Umar dissented, holding that the appeal lacked merit and should be dismissed.
In the minority judgment, Umar affirmed the earlier ruling of the Oyo State High Court, which recognised the students’ right to wear hijab as part of their school uniform.
