The Appeals Court ruled that UI International School could enforce the hijab ban

The Court of Appeal in Ibadan has overturned an earlier decision allowing Muslim students at the International School, University of Ibadan (ISI), to wear the hijab as part of their approved school uniform, and ruled that the institution is not bound by legal precedents governing public schools.

In the majority decision delivered on Friday, two members of the three-person appellate panel stated that the Supreme Court’s previous statement regarding the use of the hijab in schools only applies to public educational institutions and does not apply to private schools such as ISI.

The ruling overturned a 2022 ruling by the Oyo State High Court, presided over by Justice Moshood Ishola, which declared the ban on headscarves in schools unconstitutional and stated that it violated students’ rights to freedom of religion and protection from discrimination.

This legal action was initiated by 11 Muslim students with support from Muslim Rights Concern (MURIC), following a dispute over the school’s dress code policy.

Delivering the main judgment, Justice Biobele Georgewill, whose position was supported by Justice KI Amadi, ruled that the International School, University of Ibadan operates as a private institution and is therefore entitled to enforce the rules it has laid down.

According to the court, “ISI is a private school, not a public institution, thereby overturning its previous ruling on the matter.”

Judge Georgewill further stated that the constitutional right to practice one’s religion is an individual right that can be voluntarily restricted under certain contractual agreements.

He stated: “The students have waived this right by signing a statement to comply with the rules and regulations of ISI, including its dress code.

“In state schools, the hijab can be worn over school uniforms based on the Supreme Court’s decision, but the Supreme Court has not yet made a decision regarding the use of the hijab in private schools.”

However, the decision was not unanimous.

Justice Fadawu Umar dissented from the majority opinion, and stated that the appeal was without merit and should not succeed.

This controversy occurred in 2018 when some Muslim students challenged the International School’s refusal to allow the use of the hijab along with the prescribed school uniform.

Four years later, the Oyo State High Court ruled in favor of the students, declaring that the restrictions violated their constitutional rights to freedom of religion and protection from discrimination.

School authorities then challenged the decision in the Court of Appeals, culminating in Friday’s decision, which restored schools’ authority to enforce existing dress codes pending a contrary statement from the Supreme Court regarding the implementation of hijab policies in private schools.