The Court of Appeal in Ibadan has set aside the judgment that allowed female Muslim students of the University of Ibadan International School, Ibadan, to wear hijab on their school uniforms.
The ruling came on Friday in an appeal filed by the school management against the Oyo State High Court judgment delivered on 22 May 2024.
The dispute began after 11 female Muslim students challenged the school for stopping them from wearing hijab with their uniforms, saying their religious freedom had been violated.
The appeal court ruled by a split decision of two to one, with Justice Biobele Georgewill and Justice K.I. Amadi forming the majority.
“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,” Georgewill said.
He said the University of Ibadan International School is a private school, not a public one, and that the Supreme Court judgment on hijab use applied to a public school in Lagos State.
He also said religious freedom is a personal right that can be waived, adding that the students had signed an undertaking to obey the school’s rules, including the uniform policy.
Minority View
Justice Fadawu Umar dissented and upheld the Oyo State High Court decision, saying the school’s appeal had no merit.
The case has drawn attention because it sits at the point where religious rights, school discipline and the legal difference between public and private schools meet.
It also revives debate over how far a school may go in enforcing dress codes when students say the rules conflict with their faith.
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