Court of Appeal Overturns Oyo High Court Ruling Allowing Hijab at International School, University of Ibadan

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

In a split decision delivered on Friday, the three-member panel ruled by a 2-1 majority that the Supreme Court’s earlier decision permitting the use of hijab applies only to public schools and does not automatically extend to private educational institutions such as the International School, University of Ibadan.

The appellate court therefore set aside the judgment previously delivered by Justice Moshood Ishola of the Oyo State High Court, which had declared the school’s prohibition of the hijab unconstitutional.

The original lawsuit was filed by 11 Muslim students, with support from the Muslim Rights Concern (MURIC), after the school prohibited the use of hijab as part of its official dress code.

In the lead majority judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the International School operates as a private institution rather than a public school. Consequently, the court ruled that the legal principles established by the Supreme Court regarding hijab in public schools could not be automatically applied to the institution.

The court further held that while freedom of religion is a constitutionally protected right, it is also a personal right that individuals may voluntarily waive under certain circumstances.

According to the majority judgment, students admitted into the International School agreed to abide by the institution’s rules and regulations, including its prescribed dress code, by signing the school’s admission undertaking.

Justice Georgewill explained that although the Supreme Court has affirmed the right of students to wear the hijab in public schools, it has not issued a similar ruling concerning private schools.

He stated that, until such a decision is made by the apex court, private institutions retain the authority to enforce their established dress codes in accordance with their internal regulations. However, the decision was not unanimous.

In a dissenting judgment, Justice Fadawu Umar disagreed with the majority, holding that the appeal lacked merit and should have been dismissed. The dissenting justice maintained that the earlier judgment of the Oyo State High Court should have been upheld.

The legal dispute dates back to 2018, when some Muslim students challenged the International School’s policy prohibiting the use of the hijab as part of its uniform.

In 2022, the Oyo State High Court ruled in favour of the students, holding that the school’s policy infringed on their constitutional rights to freedom of religion and freedom from discrimination.

Dissatisfied with that ruling, the management of the International School appealed the judgment, leading to the Court of Appeal’s latest decision.

The ruling has once again brought national attention to the balance between constitutional rights to religious freedom and the authority of private educational institutions to establish and enforce their own rules and policies.

While the Court of Appeal’s judgment settles the matter for now, the legal debate over the application of religious rights within private schools may ultimately require further clarification from the Supreme Court, particularly on whether its previous decisions on hijab can be extended beyond public educational institutions.