Court of Appeal overturns hijab ruling in UI International School case

The Court of Appeal in Ibadan has overturned an earlier High Court ruling that allowed female Muslim students of the University of Ibadan International School (ISI) to wear hijab with their school uniforms.

The judgment was delivered on Friday in an appeal filed by the school’s management against the Oyo State High Court’s decision of May 22, 2024.

The legal dispute began after 11 Muslim female students sued the school, claiming their fundamental rights were violated when they were stopped from wearing the hijab as part of the school uniform.

In a split 2–1 decision, the appellate court ruled in favour of the school and set aside the earlier judgment.

Delivering the lead judgment, Justice Biobele Georgewill, supported by Justice K.I. Amadi, held that the University of Ibadan International School is a private institution and should not be treated in the same manner as public schools covered by an earlier Supreme Court ruling.

Georgewill said, “The Supreme Court judgment, which granted the use of hijab, was in respect to a public school in Lagos State.”

He added that the ruling could not automatically apply to private schools. According to him, students also accepted the school’s rules, including its dress code, upon enrolment.

He further 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.”

The judge concluded, “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.”

However, Justice Fadawu Umar dissented. In his dissenting judgment, he said the appeal had no merit and upheld the earlier High Court ruling recognising the students’ right to wear the hijab at the school.