Court of Appeal Overturns High Court Ruling on Hijab at UI International School, Declares ISI a Private Institution
The Court of Appeal sitting in Ibadan has overturned the earlier judgment of the Oyo State High Court that permitted female Muslim students of the International School, University of Ibadan (ISI), to wear hijab as part of the school's approved uniform, bringing a significant twist to one of Nigeria's most closely watched education and religious freedom cases.
In a split judgment delivered by a three-member panel on Friday, the appellate court ruled by a majority decision of two to one that the International School, University of Ibadan, is a private educational institution and, therefore, not bound by previous judicial decisions relating to the use of hijab in public schools.
The lead judgment, delivered by Justice Biobele Georgewill and supported by Justice K.I. Amadi, set aside the decision of the Oyo State High Court delivered on May 22, 2024. The lower court had earlier held that the school's prohibition of hijab violated the constitutional rights of the affected students to freedom of religion and protection from discrimination.
According to the Court of Appeal, the Supreme Court's earlier judgment permitting the use of hijab applies specifically to public schools and cannot automatically be extended to private institutions such as the International School, University of Ibadan. The court further held that while the right to freedom of religion is constitutionally guaranteed, it is a personal right that may be voluntarily limited where individuals have agreed to abide by the rules governing a private institution.
Justice Georgewill noted that the students, upon admission into ISI, signed undertakings agreeing to comply with the school's rules and regulations, including its prescribed dress code. He therefore concluded that the school's uniform policy remained enforceable and that the High Court erred in extending the Supreme Court's public-school precedent to a private educational institution.
However, the decision was not unanimous. Justice Fadawu Umar dissented, maintaining that the appeal lacked merit and that the judgment of the Oyo State High Court should have been upheld.
The legal dispute dates back to 2018 when 11 female Muslim students, supported by their parents and the Muslim Rights Concern (MURIC), challenged the school's decision to prohibit the wearing of hijab as part of the official school uniform. They argued that the restriction infringed upon their constitutional rights to freedom of religion and expression. After years of litigation, the Oyo State High Court ruled in their favour in 2024, prompting the school's management to file an appeal.
Friday's ruling effectively restores the authority of the International School to enforce its existing dress code unless the matter is further appealed to the Supreme Court.
The judgment has generated widespread public debate, with opinions sharply divided. While some Nigerians welcomed the decision as an affirmation of the right of private institutions to establish and enforce their internal rules, others argued that constitutional guarantees of religious freedom should apply irrespective of whether a school is publicly or privately owned.
Many commentators have maintained that parents who desire a dress code accommodating hijab should consider enrolling their children in schools whose policies expressly permit it. Others, however, insist that the ruling raises broader constitutional questions regarding the balance between institutional autonomy and individual religious rights, issues that may ultimately require further judicial clarification by the Supreme Court.
The latest decision is expected to remain a significant reference point in future legal discussions surrounding religious expression, school regulations, and the rights of private educational institutions in Nigeria.
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