The Court of Appeal sitting in Ibadan has overturned a judgment of the Oyo State High Court that permitted Muslim students of the International School, University of Ibadan, to wear hijab as part of the school’s uniform.
In a split judgment delivered on Friday, the three-member appellate panel held, by a majority decision of two to one, that the Supreme Court’s decision permitting the use of hijab applies only to public schools and not private institutions such as the International School, University of Ibadan.
The appellate court set aside the earlier judgment delivered by Justice Moshood Ishola of the Oyo State High Court, which had held that the school’s ban on hijab violated the affected students’ constitutional rights to freedom of religion and freedom from discrimination.
The suit was instituted by 11 students with the support of the Muslim Rights Concern.
Delivering the lead majority judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that “ISI is a private school, not a public institution, thereby overturned the earlier judgment on the matter.”
He submitted that the right to religion is a personal right that can be waived.
He added, “The students had waived that right by signing an undertaking to obey ISI’s rules and regulations, including its dress code.
“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.”
However, Justice Fadawu Umar dissented, holding that the appeal lacked merit and ought to be dismissed.
The dispute over the use of hijab at the International School, University of Ibadan, began in 2018 after some Muslim students challenged the school’s prohibition of hijab as part of its uniform policy.
In 2022, the Oyo State High Court ruled in favour of the students, holding that the restriction violated their constitutional rights.
Dissatisfied with the judgment, the school authorities appealed the decision, leading to Friday’s ruling by the Court of Appeal.
The PUNCH