Appeal Court overturns judgement allowing hijab at UI International School
The Court of Appeal sitting in Ibadan, Oyo State, has overturned a lower court’s judgment that previously permitted female Muslim students to wear the hijab at the University of Ibadan International School (ISI).
In a split decision of two-to-one delivered on Friday, the appellate court ruled that ISI is a private institution rather than a public school, making it distinct from cases previously decided by the apex court.
The Ruling: Private vs. Public Institutions
Justices Biobele Georgewill and K.I. Amadi form the majority that set aside the initial judgment. Delivering the lead judgment, Justice Georgewill emphasized that the female Muslim students had waived their right to wear the hijab over their school uniforms the moment they signed an undertaking to abide by ISI’s internal rules and regulations.
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While the right to freedom of religion is constitutionally protected, the court clarified that it is a personal right that can be waived under specific institutional contracts.
“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 judgment of the lower court allowing female Muslim students to wear hijab on their school uniforms in ISI, a private school, is set aside.”
Conversely, Justice Fadawu Umar delivered a dissenting minority judgment, affirming the original decision of the Oyo State High Court which had favored the students’ right to wear the hijab.
Anatomy of the ISI hijab controversy
The legal battle dates back to November 2018, when a group of female students wore the hijab to the school premises, sparking intense debate. In response to the rising tension and to prevent a security crisis, the school management temporarily shut down the institution.
Prior to the closure, parents under the umbrella of the International School Muslim Parents’ Forum had notified the
management via a letter dated November 9, 2018, of their resolution to have their daughters wear the hijab.
