July 3 (THEWILL) — The Court of Appeal sitting in Ibadan has overturned the judgement 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, ruling that the earlier decision does not apply to the privately run institution.
In a split judgement delivered on Friday, the appellate court, by a two-to-one majority, held that ISI is a private school and, therefore, not bound by the Supreme Court’s decision permitting the use of hijab in public schools. The ruling sets aside the judgement delivered by the Oyo State High Court on May 22, 2024, which had upheld the students’ claims.
The dispute began when 11 female Muslim students of the University of Ibadan International School instituted legal action against the school’s management, alleging that the prohibition of hijab as part of the school uniform violated their constitutional rights to freedom of religion.
Dissatisfied with the High Court’s ruling in favour of the students, the school’s management approached the Court of Appeal, seeking to overturn the decision.
Delivering the lead judgement, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the Supreme Court’s earlier judgement allowing Muslim students to wear hijab was specifically applicable to public schools in Oyo State and could not be extended to a private institution such as the University of Ibadan International School.
Justice Georgewill stated that while the right to freedom of religion is constitutionally guaranteed, it remains a personal right that individuals may voluntarily waive under certain circumstances. According to him, the students had willingly agreed to abide by the school’s rules and regulations, including its dress code, when they accepted admission and signed the required undertaking.
He noted that the Supreme Court had not yet pronounced on the legality of wearing hijab in private schools, making it inappropriate for the lower court to rely on that precedent in the ISI case.
“In public schools, students can wear hijab on school uniforms based on the judgement of the Supreme Court, but the Supreme Court is yet to make any decision on the use of hijab in private schools”, Justice Georgewill held.
He consequently set aside the judgement of the Oyo State High Court, effectively restoring the school’s policy on uniforms.
However, Justice Fadawu Umar dissented, holding that the appeal lacked merit. In the minority judgement, he affirmed the High Court’s decision, maintaining that the female Muslim students were entitled to wear hijab as part of their school uniforms.
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