The Court of Appeal sitting in Ibadan on Friday set aside 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, in a two-to-one split decision, allowed the appeal filed by the management of ISI against the May 22, 2024 judgment of the lower court.
The dispute arose after 11 female Muslim students approached the Oyo State High Court, alleging that the school’s refusal to allow them to wear hijab violated their fundamental rights to freedom of religion.
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, not a public school.
Justice Georgewill ruled that the Supreme Court’s earlier decision permitting the use of hijab applied only to public schools in Lagos State and could not be extended to private schools.
According to him, the right to practice one’s religion is a personal right that can be voluntarily waived.
He held that the students had accepted the school’s rules, including its dress code, by signing an undertaking to comply with the institution’s regulations before admission.
“In public schools, students can wear hijab 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 judge said.
He consequently set aside the High Court’s judgment allowing female Muslim students to wear hijab as part of their uniforms at the University of Ibadan International School.
However, Justice Fadawu Umar, in a dissenting judgment, upheld the decision of the Oyo State High Court.
Justice Umar held that the appeal lacked merit and should be dismissed, maintaining that the lower court’s judgment permitting the use of hijab should stand.
