Court of Appeal Overturns 2022 Hijab Ruling
The Court of Appeal sitting in Ibadan has overturned a 2022 judgment that permitted Muslim girls to wear hijab at the International School, University of Ibadan (ISI). In a split decision of two to one, the appellate court ruled that ISI, being a private school, is not bound by the Supreme Court's decisions on hijab in public schools. The ruling has prompted the school to issue a fresh directive banning the hijab with the school uniform, effective Monday, July 6.
Background of the Dispute
The dispute dates back to 2018 when a group of Muslim students challenged ISI's prohibition of the headscarf. In 2022, the Oyo State High Court sided with them, with Justice Moshood Ishola ruling that the ban violated their constitutional rights to freedom of religion and freedom from discrimination. The school appealed that decision, leading to Friday's ruling.
Details of the Court's Decision
Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the students had waived their religious rights by signing undertakings to comply with the school's rules upon enrolment. Justice Georgewill stated, "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 Fadawu Umar dissented, arguing that the appeal had no merit and should have been dismissed.
Immediate Impact on Students
Following the ruling, ISI issued a notice to parents and guardians directing that from Monday, July 6, no student would be permitted to wear a hijab with the school uniform. This affects eleven Muslim girls who were parties to the case, as well as other Muslim students at the school.
MURIC's Response and Next Steps
The Muslim Rights Concern (MURIC), which backed the original suit, has filed a Notice of Appeal and a motion at the Supreme Court seeking to stop enforcement of the judgment while the appeal is heard. MURIC argues that ISI's classification as a private school is incorrect, given that it is owned and funded by the Federal Government through the University of Ibadan. The Supreme Court has not yet responded to MURIC's application.
Public Reactions
Reactions online have split sharply along religious and constitutional lines. Critics argue that a school funded by federal resources cannot selectively apply constitutional protections, while others maintain that private institutions retain the right to enforce their own dress codes regardless of a student's religious beliefs. The case highlights ongoing tensions in Nigeria over religious freedom and institutional autonomy.
