Court of Appeal reverses UI International School hijab verdict

The Court of Appeal sitting in Ibadan has overturned the 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 uniform.

In a split decision delivered on Friday, the three-member appellate panel held, by a majority of two to one, that the Supreme Court’s decision allowing the use of hijab applies only to public schools and not private institutions such as ISI.

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

The suit was filed by 11 students with the support of the Muslim Rights Concern.

Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that: “ISI is a private school, not a public institution,” thereby overturning the earlier judgment.

Justice Georgewill further held that the constitutional right to freedom of religion is personal and can be waived.

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

On the distinction between public and private schools, the appellate court held: “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.”

Justice Fadawu Umar, however, dissented, holding that the appeal lacked merit and should have been dismissed.

The dispute 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 to freedom of religion and freedom from discrimination.

The school authorities appealed the decision, leading to Friday’s judgment, which restored the school’s authority to enforce its existing dress code.