Appeal Court orders status quo in UI-ISI hijab dispute
By Adejayan Gbenga
The Court of Appeal sitting in Ibadan has directed the University of Ibadan (UI), the International School Ibadan (ISI) and other parties involved in the dispute over the use of hijab by female Muslim students to maintain the status quo pending the hearing and determination of an application for stay of execution.
The order followed an application filed by the Muslim Rights Concern (MURIC), which is seeking to suspend the implementation of the appellate court’s July 3 judgment that overturned an earlier ruling of the Oyo State High Court permitting female Muslim students of ISI to wear hijab.
The July 3 judgment, delivered in a split decision of two to one, reversed the High Court’s decision in favour of the use of hijab by Muslim students at the school, reigniting the long-running legal dispute.
During proceedings on Wednesday, a three-member panel comprising Justices Kenneth Amadi, Fadawu Umar and Binta Suberu directed all parties to preserve the existing situation until the application for stay of execution is heard and determined.
Justice Amadi warned the parties against taking any action capable of affecting the case, stressing that no party had the right to enforce the judgment while the application remained pending before the court. He said, “Once the motion for stay of execution has been filed, you don’t have the right to do anything until it is heard and determined.”
The presiding justice also expressed concern over reports that the school had allegedly begun taking action against students over the use of hijab. He questioned the urgency of such measures, noting that the Certified True Copy of the judgment had yet to be obtained as required by law.
Earlier, counsel to MURIC, Mr. Yusuf Anikulapo, represented by Mr. Hassan Fajimite, informed the court that the application for stay of execution was not yet ripe for hearing and requested an adjournment while asking that the status quo be maintained. Counsel to UI and ISI, Mr. Damilola Akinsanya, did not oppose the request.
The Court of Appeal subsequently adjourned the matter until Oct. 7 for the hearing of the application for stay of execution. The legal battle over the use of hijab at the International School Ibadan has spanned several years and continues to generate debate over religious freedom, school regulations and the accommodation of religious practices in educational institutions.
