UI INTERNATIONAL SCHOOL HIJAB CASE: APPEAL COURT NULLIFIES LOWER COURT RULING

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By; Ganiayt Sunmola

The Court of Appeal in Ibadan has overturned the judgment of the Oyo State High Court that allowed Muslim students of the International School, University of Ibadan (ISI), to wear the hijab as part of the school’s approved uniform.

In a split decision delivered on Friday, the three-member panel ruled by a two-to-one majority that the Supreme Court’s judgment permitting the use of hijab applies only to public schools and does not extend to private institutions such as ISI.

The appellate court consequently set aside the earlier judgment delivered by Justice Moshood Ishola of the Oyo State High Court, which had held that the school’s prohibition of the hijab violated the affected students’ constitutional rights to freedom of religion and protection from discrimination.

The suit was filed by 11 students with the backing of the Muslim Rights Concern (MURIC).

Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that ISI is a private institution and therefore not bound by the Supreme Court’s ruling on the use of hijab in public schools.

He further held that the right to practise one’s religion is a personal right that can be voluntarily waived.

According to him, the students had accepted the school’s rules, including its dress code, by signing an undertaking to abide by its regulations.

“In public schools, students can wear the hijab based on the Supreme Court’s judgment, but the apex court has not made any pronouncement regarding the use of the hijab in private schools,” he stated.

However, Justice Fadawu Umar dissented, holding that the appeal lacked merit and should have been dismissed.

The dispute began in 2018 when some Muslim students challenged the school’s policy prohibiting the use of the hijab as part of its uniform.

In 2022, the Oyo State High Court ruled in favour of the students, declaring that the restriction infringed on their constitutional rights.

The school authorities appealed the judgment, resulting in Friday’s decision by the Court of Appeal, which overturned the lower court’s ruling.