The Court of Appeal in Ibadan has overturned a High Court judgment that allowed female Muslim students to wear the hijab as part of the uniform at the International School, University of Ibadan (ISI).
In a split 2-1 decision delivered on Friday, the appellate court ruled that ISI operates as a private school. It held that the Supreme Court’s judgment permitting the use of hijab applies only to public schools.
Appeal Court Overturns Earlier Judgment
The dispute began after 11 students, backed by the Muslim Rights Concern (MURIC), challenged the school’s ban on wearing the hijab.
The Oyo State High Court had earlier ruled in their favour. Justice Moshood Ishola held that the school’s policy violated the students’ constitutional rights to freedom of religion and protection from discrimination.
However, the school authorities appealed the judgment, asking the Court of Appeal to set it aside.
Court Says ISI Is a Private Institution
Justice Biobele Georgewill delivered the lead judgment, while Justice K.I. Amadi agreed with the decision.
The court ruled that ISI is a private institution and therefore falls outside the scope of the Supreme Court’s decision on the use of hijab in public schools.
“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 also held that the students voluntarily accepted the school’s rules, including its dress code, when they enrolled.
According to the judgment, the right to practise religion is personal, and individuals may choose to waive certain aspects of that right by accepting agreed conditions.
One Justice Dissents
Justice Fadawu Umar disagreed with the majority judgment.
He held that the appeal lacked merit and argued that the High Court reached the correct decision.
Justice Umar therefore dismissed the appeal and maintained that the earlier judgment should remain in force.
Judgment May Shape Future Cases
The ruling is expected to influence future legal disputes involving religious dress codes in private schools.
While the Supreme Court has affirmed the right of Muslim students to wear the hijab in public schools, the Court of Appeal made it clear that the decision does not automatically extend to private educational institutions.
The judgment leaves the issue open until the Supreme Court directly addresses the use of hijab in private schools.
