A legal dispute over the wearing of hijab at the International School, University of Ibadan, has taken a new turn after the Court of Appeal in Ibadan set aside an earlier judgment that permitted its use as part of the school uniform.
In a split decision delivered on Friday, the three-member panel ruled by a majority of two to one that the Supreme Court’s position on hijab applies only to public schools and does not extend to private institutions such as ISI.
The appellate court therefore nullified the ruling of the Oyo State High Court, which had held that the school’s ban on hijab violated the students’ rights to freedom of religion and freedom from discrimination. The case was instituted by 11 Muslim students with support from the Muslim Rights Concern, challenging the school’s uniform policy.
Delivering the majority judgment, Justice Biobele Georgewill, joined by Justice K.I. Amadi, held that ISI is a private institution and that students had agreed to abide by its rules, including its dress code.
He added that while the Supreme Court has recognised hijab use in public schools, it has not extended such interpretation to private schools. However, Justice Fadawu Umar dissented, arguing that the appeal lacked merit and should have been dismissed.
The matter began in 2018 after the students challenged the school’s hijab restriction, leading to a 2022 High Court ruling in their favour before Friday’s appellate court reversal.
