The Court of Appeal sitting in Ibadan, Oyo State has overturned the judgement of the State High Court which permitted female Muslim students to wear hijab with the official uniform of the International School, Ibadan, ISI.
The latest ruling marks another chapter in the long-running controversy which has sparked a series of protests by Muslim parents and other supporters advocating the use of hijab in the school.
In a split decision of two to one, the Court of Appeal held that the International School, Ibadan, is a private institution and is therefore entitled to enforce its dress code, including its policy prohibiting the use of hijab with the school uniform.
Delivering the lead judgement, Justice Biobele Georgewill, with Justice K. I. Amadi concurring, ruled that the school’s regulations remain valid and binding on all students.
The court also held that the Supreme Court’s earlier decision permitting the use of hijab in public schools in Lagos State does not apply to private schools.
The dispute dated back to 2018 when the school barred some female Muslim students from wearing hijab with their uniforms.
The affected students, with the support of the Muslim Rights Concern, MURIC, instituted legal action, arguing that the policy violated their constitutional rights to freedom of religion and protection from discrimination.
In May 2024, the Oyo State High Court ruled in favour of the students, declaring the International School, Ibadan, a public institution and holding that the restriction on the use of hijab infringed upon their fundamental rights.
However, the Court of Appeal has now set aside that judgement, holding that the students voluntarily accepted the school’s rules and regulations, including its dress code, upon admission and were therefore bound by those conditions.
Justice Fadawu Umar, in a dissenting judgement, held that the appeal lacked merit and should have been dismissed, thereby affirming the earlier decision of the High Court.
The judgement means that the International School, Ibadan, will continue to enforce its policy prohibiting the use of hijab unless the decision is overturned by the higher court which is Supreme Court.