Hijab ban: ISI muslim parents forum vows Supreme Court challenge

The ISI Muslim Parents Forum (ISIMPF) has announced its intention to challenge the Court of Appeal’s ruling at the Supreme Court, following a split decision that upheld the University of Ibadan International School’s (ISI-UI) ban on hijabs for female Muslim students.

This seven-year legal battle, initiated by 11 female Muslim students of ISI-UI, concluded with a 2-1 majority ruling in favour of the school.

In delivering the majority opinion, Justices Biobele Georgewill and K.I. Amadi stated that ISI-UI is considered a private school since it does not receive government funding.

The court also noted that the Supreme Court’s 2022 ruling, which allowed hijabs, applies only to public schools in Lagos State and does not extend to private institutions such as ISI-UI.

On fundamental rights, the majority held that the right to religion is personal and can be waived. The judges said the students had waived that right by signing the school’s code of conduct, which includes compliance with the uniform policy. “No infringement of rights was noticed,” Justice Georgewill, who read the lead judgment, said.

However, the court faulted ISI for locking the students in the library for three to four hours, describing it as a violation of their rights. It reduced damages awarded by the Oyo State High Court from N1 million to N200,000.

The minority judgment, read by Justice Fadawu Umar, upheld the High Court’s decision and dismissed ISI’s appeal for lacking merit.

Reacting to the verdict, Chairman of ISIMPF, Abdur-Rahman Balogun, said the forum was shocked and disappointed, but would not relent.

“As Allah decreed, we lost the appeal, but the struggle continues,” Balogun said. “We will take this matter to the highest court in the land. We appeal to all to remain calm in the face of what we consider open oppression.”

He quoted Qur’an 10:85-86: _“Rabbana lataj’alnaa fitnatan lil-qaomi zaalimeen wa najjinaa birahmatika minal qawmil kaafirin. Our Lord, make us not a trial for the wrongdoers, and deliver us by Your mercy from the disbelieving people. Ameen.”