\n\n
The Court of Appeal sitting in Ibadan has overturned an earlier judgment of the Oyo State High Court that permitted female Muslim students of the International School, University of Ibadan (ISI) to wear hijab as part of their school uniform. In a split 2–1 majority decision, the appellate court ruled that the Supreme Court’s previous judgment allowing hijab applies only to public schools and not to private institutions such as ISI.
Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that ISI is a private school and that students had voluntarily agreed to abide by the school’s rules and dress code when they enrolled. The court stated that while the right to freedom of religion is constitutionally protected, it can be waived in certain contractual settings, adding that the Supreme Court has not extended its hijab ruling to private schools. However, Justice Fadawu Umar dissented, maintaining that the appeal lacked merit and should have been dismissed.
The legal dispute began in 2018, when 11 Muslim students, supported by the Muslim Rights Concern (MURIC), challenged the school’s prohibition of hijab. In 2024, the Oyo State High Court ruled in their favour, holding that the restriction violated their constitutional rights to freedom of religion and protection from discrimination. Dissatisfied with that verdict, the school authorities appealed, leading to Friday’s decision, which restores the school’s authority to enforce its existing uniform policy pending any further appeal to the Supreme Court.
