By Ijeoma Agbafo
The Court of Appeal in Ibadan on Friday set aside the judgment of the Oyo State High Court which allowed female Muslim students of the University of Ibadan International School (ISI) to wear hijab with their school uniforms.
The appellate court, in a split decision of two to one, held that ISI is a private school and that the Supreme Court’s ruling permitting the use of hijab applied only to public schools. Justice Biobele Georgewill, who delivered the lead judgment, said the earlier decision did not apply to private institutions.
Georgewill also held that the students had voluntarily agreed to abide by the school’s rules, including its dress code, by signing an undertaking upon admission, thereby waiving any claim to wear the hijab while in the school.
The appeal followed a May 22, 2024 judgment of the Oyo State High Court, which upheld the suit filed by 11 female Muslim students challenging the school’s refusal to allow them to wear hijab, describing it as a violation of their fundamental rights.
However, Justice Fadawu Umar, in a dissenting judgment, held that the appeal lacked merit and upheld the High Court’s decision permitting the students to wear the hijab.
