The Court of Appeal rules that the Supreme Court’s decision permitting hijab applies to public schools, setting aside an Oyo High Court judgment involving the International School, University of Ibadan

The Court of Appeal sitting in Ibadan has overturned a 2022 judgment of the Oyo State High Court that permitted Muslim students of the International School, University of Ibadan (ISI) to wear hijab as part of the school’s approved uniform.

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In a split decision delivered on Friday, the three-member appellate panel held, by a two-to-one majority, that the Supreme Court’s earlier ruling permitting the use of hijab in schools applies only to public schools and does not extend to private institutions such as the International School, University of Ibadan.

The decision set aside the judgment delivered by Justice Moshood Ishola of the Oyo State High Court, which had found that the school’s prohibition of hijab infringed the affected students’ constitutional rights to freedom of religion and freedom from discrimination.

The case was instituted by 11 students, with the support of the Muslim Rights Concern (MURIC), following the school’s refusal to allow hijab as part of its uniform policy.

Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the International School is a private educational institution and therefore not bound by the Supreme Court’s decision relating to public schools.

According to the court, the right to practise religion is a personal constitutional right that can be voluntarily waived.

“The students had waived that right by signing an undertaking to obey ISI’s rules and regulations, including its dress code,” Justice Georgewill held.

He further stated that while students in public schools may wear hijab based on the Supreme Court’s decision, the apex court has yet to make a similar pronouncement regarding private 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,” he said.

However, Justice Fadawu Umar delivered a dissenting judgment, holding that the appeal lacked merit and should have been dismissed, thereby supporting the earlier High Court decision.

The dispute dates back to 2018, when some Muslim students challenged the International School’s ban on wearing hijab with the school uniform, arguing that the policy violated their constitutional rights to freedom of religion.

In 2022, the Oyo State High Court ruled in favour of the students, declaring that the restriction was unconstitutional because it infringed their rights to religious freedom and protection against discrimination.

The school authorities, dissatisfied with the ruling, subsequently approached the Court of Appeal, leading to Friday’s judgment.

The latest decision adds another dimension to the legal debate over religious expression in educational institutions.

While the Supreme Court has affirmed the right of Muslim students to wear hijab in public schools in previous cases, the Court of Appeal’s ruling underscores the legal distinction between public and private educational institutions.

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Unless further appealed, the judgment establishes that private schools may enforce their own dress codes where students have voluntarily agreed to comply with institutional regulations.