The Court of Appeal, Ibadan Division, has set aside the judgment of the Oyo State High Court that allowed Muslim female students to wear hijab as part of the official uniform at the International School, University of Ibadan (ISI), ruling that the institution is a private school with the legal authority to enforce its dress code.
The appellate court delivered the judgment on Friday in a split 2-1 decision, allowing the appeal filed by the management of ISI against the earlier High Court ruling that recognised the students’ right to wear hijab while in school.
The legal dispute dates back to 2018, when 11 Muslim female students, supported by the Muslim Rights Concern (MURIC), instituted a suit challenging the school’s prohibition of hijab, arguing that the policy violated their constitutional rights to freedom of religion and freedom from discrimination.
In May 2024, Justice Moshood Ishola of the Oyo State High Court ruled in favour of the students, describing the school’s policy as an infringement on their fundamental rights guaranteed under the 1999 Constitution of the Federal Republic of Nigeria.
The court declared that the students were entitled to wear hijab with their school uniforms and restrained the school authorities from enforcing the restriction.
Dissatisfied with the decision, the management of the International School, University of Ibadan approached the Court of Appeal, arguing that the institution is privately managed and possesses the legal authority to determine and enforce its internal regulations, including its dress code.
Delivering the lead judgment, Justice Biobele Abraham Georgewill, with Justice K.I. Amadi concurring, held that previous Supreme Court decisions permitting the use of hijab apply only to public schools and not to private educational institutions.
According to the appellate court, although the school is affiliated with the University of Ibadan, it remains a private educational institution and is therefore entitled to establish and enforce its own rules governing students’ appearance and conduct.
Justice Georgewill ruled that the constitutional right to freedom of religion is a personal right that may be voluntarily waived.
He held that by seeking admission into ISI and signing undertakings to obey the school’s rules and regulations, students and their parents accepted the institution’s dress code and other conditions governing admission.
“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 Georgewill stated.
The appellate court concluded that the contractual relationship between the school and its students gives the institution the authority to insist on compliance with its established policies.
However, Justice Fadawu Umar, in his dissenting judgment, held that the appeal lacked merit and should have been dismissed, effectively affirming the earlier High Court decision that upheld the students’ constitutional rights.
Following the judgment, the management of the International School, University of Ibadan notified parents and guardians that it would immediately implement the appellate court’s ruling.
In a notice circulated to parents, the school announced that from Monday, July 6, 2026, no student would be permitted to wear hijab or any headscarf with the official school uniform.
The management said all students are expected to comply fully with the school’s rules and regulations in line with the Court of Appeal’s decision.
The judgment has sparked fresh debate among legal practitioners, education stakeholders, religious organisations and civil society groups over the balance between religious freedom and the autonomy of private schools to regulate student conduct.
Supporters of the ruling argue that private educational institutions should retain the right to establish policies that preserve their identity and operational standards.
Others, however, contend that constitutional rights should remain protected irrespective of whether an institution is publicly or privately managed, describing the judgment as one that raises significant constitutional questions.
The Muslim Rights Concern (MURIC) has expressed disappointment over the verdict and indicated that it would study the Certified True Copy of the judgment before deciding on its next legal steps.
Legal analysts note that the case could still proceed to the Supreme Court, which would have the final authority to determine whether private educational institutions can lawfully restrict the wearing of religious attire as part of their uniform policies.
Until any further judicial pronouncement, the Court of Appeal’s decision remains binding, paving the way for the International School, University of Ibadan to enforce its existing dress code.
(vitalnewsngr.com)
