Appeal Court Bars Hijab at UI International School, Overturns Oyo High Court Ruling

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 (ISI), to wear hijab as part of the school’s approved uniform.

In a split decision delivered on Friday, the three-member appellate panel ruled by a majority of two to one that the Supreme Court’s judgment recognising the right of Muslim students to wear hijab applies only to public schools and not to private educational institutions such as ISI.

The appellate court consequently set aside the earlier judgment delivered by the Oyo State High Court, which had declared the school’s ban on hijab unconstitutional.

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 is therefore entitled to enforce its rules and dress code.

Justice Georgewill stated that while freedom of religion is constitutionally guaranteed, it is a personal right that can be voluntarily waived.

He noted that the affected students and their parents had agreed to abide by the school’s regulations, including its uniform policy, upon admission.

“In public schools, students may wear hijab on school uniforms based on the Supreme Court’s decision, but the apex court has not extended that ruling to private schools,” the court held.

However, Justice Fadawu Umar dissented, maintaining that the appeal lacked merit and should have been dismissed, thereby affirming the High Court’s earlier decision.

The legal battle dates back to 2018 when 11 Muslim students, backed by the Muslim Rights Concern (MURIC), challenged the school’s prohibition of hijab, arguing that it violated their constitutional rights to freedom of religion and freedom from discrimination.

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

Dissatisfied with the verdict, the school authorities appealed the judgment, leading to Friday’s decision by the Court of Appeal, which restored the school’s authority to enforce its dress code pending any further appeal to the Supreme Court.