The Court of Appeal sitting in Ibadan on Friday overturned the judgment of the Oyo State High Court that permitted female Muslim students of the International School, University of Ibadan, to wear hijab with their school uniforms.
The appellate court, in a split decision of two to one, allowed an appeal filed by the management of the International School, University of Ibadan against the May 22, 2024 judgment of the lower court.
The case arose after 11 Muslim female students sued the school, alleging that the refusal to allow them to wear hijab as part of the school uniform violated their fundamental rights to freedom of religion.
Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the International School, University of Ibadan is a private institution and, therefore, differs from the public schools covered by an earlier Supreme Court judgment on the use of hijab.
According to Georgewill, “The Supreme Court judgment, which granted the use of hijab, was in respect to a public school in Lagos State.”
He ruled that the Supreme Court’s decision could not be automatically extended to private schools, noting that students who voluntarily enrol in such institutions are expected to comply with their rules and regulations, including the prescribed dress code.
The justice further held that the right to practise one’s religion is a personal right that can be voluntarily waived when an individual agrees to abide by the conditions of admission into a private school.
“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,” Georgewill said.
He added, “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.”
However, Justice Fadawu Umar, who delivered the minority judgment, disagreed with the majority decision, holding that the appeal lacked merit and ought to be dismissed.
Umar upheld the earlier judgment of the Oyo State High Court, maintaining that the students were entitled to wear the hijab while attending the school.
