By Kamsi Anayo
The Court of Appeal sitting in Ibadan on Friday overturned a judgment of the Oyo State High Court that permitted female Muslim students of the University of Ibadan International School (ISI) to wear hijab with their school uniforms.
The appellate court delivered its decision, allowing the appeal filed by the management of ISI against the lower court’s ruling of May 22, 2024.
The case originated from a suit filed by 11 female Muslim students, who challenged the school’s policy prohibiting the use of hijab, arguing that it violated their fundamental rights to freedom of religion.
In a split decision of two to one, the Court of Appeal ruled in favour of the school.
Justices Biobele Georgewill and K.I. Amadi, who formed the majority, held that the University of Ibadan International School is a private institution, making the Supreme Court’s earlier decision on the use of hijab in public schools inapplicable.
Delivering the lead judgment, Justice Georgewill said the Supreme Court ruling that allows Muslim students to wear hijab applies only to public schools in Lagos State and does not extend to private schools.
He further held that the students voluntarily accepted the school’s rules by signing an undertaking to comply with its regulations, including its dress code.
According to the court, this amounted to a waiver of any personal right to wear the hijab while enrolled at the institution.
“The judgment of the lower court allowing female Muslim students to wear hijab on their school uniforms in ISI, a private school, is set aside,” Georgewill ruled.
However, Justice Fadawu Umar, in a dissenting judgment, upheld the decision of the Oyo State High Court, maintaining that the students should be allowed to wear hijab in line with their constitutional right to freedom of religion.
The ruling marks another significant development in the ongoing legal debate over the balance between religious freedom and institutional regulations in Nigeria’s education sector.
