The Court of Appeal sitting in Ibadan has overturned a judgment of the Oyo State High Court that permitted female Muslim students of the University of Ibadan International School (ISI) to wear hijab with their school uniforms.
The appellate court delivered the ruling on Friday while deciding an appeal filed by the management of the University of Ibadan International School against the lower court's judgment of May 22, 2024.
The case stemmed from a suit filed by 11 Muslim female students of the school, who accused the management of violating their fundamental rights by preventing them from wearing the hijab as part of their school uniform.
In a split decision of two to one, the Court of Appeal allowed the school's appeal and set aside the High Court's ruling.
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Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the University of Ibadan International School is a private institution, making it different from public schools covered by an earlier Supreme Court decision on the use of hijab.
According to Georgewill, "The Supreme Court judgment, which granted the use of hijab, was in respect to a public school in Lagos State."
He added that the decision could not automatically be applied to private schools. The judge further held that the right to practice one's religion is a personal right that can be voluntarily waived.
According to him, the students had agreed to abide by the school's rules, including its dress code, when they enrolled.
"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 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, holding that the appeal lacked merit and should be dismissed.
In the minority judgment, Umar upheld the earlier decision of the Oyo State High Court, which recognized the students' right to wear the hijab in the school.
