Appeal court overturns ruling on wearing hijab in private school

By Adejayan Gbenga

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

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

The court set aside the 2022 judgment of Justice Moshood Ishola of the Oyo State High Court, which had ruled that the school’s ban on hijab violated the students’ constitutional rights to freedom of religion and freedom from discrimination. The suit was filed by 11 students with the support of the Muslim Rights Concern (MURIC).

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 that the Supreme Court has not extended its ruling on hijab to private schools.

Justice Georgewill also ruled that the right to freedom of religion is a personal right that can be waived in certain circumstances. He said the students voluntarily accepted the school’s rules by signing undertakings to comply with its regulations, including its prescribed dress code.

According to the court, the students had waived their right to challenge the dress code after agreeing to abide by the school’s policies. The court maintained that while the Supreme Court’s judgment permits hijab in public schools, no such decision has been made regarding private schools.

Justice Fadawu Umar dissented, holding that the appeal lacked merit and should have been dismissed. His minority opinion, however, did not affect the two-to-one majority judgment in favour of the school authorities.

The dispute began in 2018 when some Muslim students challenged ISI’s prohibition of hijab. Although the Oyo State High Court ruled in their favour in 2022, the school appealed the decision, culminating in Friday’s judgment, which restored the school’s authority to enforce its dress code and clarified that the Supreme Court’s ruling currently applies only to public schools.