The Court of Appeal in Ibadan has ruled that students of the International School, University of Ibadan (ISI), cannot wear hijab as part of the school uniform, overturning an earlier High Court judgment that had favoured Muslim students challenging the policy.

In a divided decision delivered on Friday, the appellate court held that legal protections allowing the use of hijab in schools, as recognised by the Supreme Court, are applicable to public educational institutions and not private schools such as ISI.

The ruling effectively reverses a 2022 judgment of the Oyo State High Court, which found that the school’s restriction on hijab infringed on the constitutional rights of Muslim students, including freedom of religion and protection from discrimination.

A three-member panel heard the appeal, with two justices supporting the decision to overturn the lower court judgment, while one justice dissented.

Justice Biobele Georgewill, who delivered the lead judgment, said the International School operates as a private institution and therefore differs legally from public schools covered by previous Supreme Court pronouncements on the issue.

According to him, students and parents voluntarily agree to abide by the school’s regulations when seeking admission, including rules governing appearance and dress.

“The right to practise one’s religion remains protected, but individuals can choose to accept certain conditions when they voluntarily enrol in a private institution,” the court stated in its reasoning.

The court further noted that while the Supreme Court had affirmed the right of Muslim students to wear hijab in public schools, no similar binding decision currently exists regarding private educational establishments.

“As it stands, the legal position concerning private schools is different.

“Existing Supreme Court decisions on hijab relate to public schools and cannot automatically be extended to private institutions,” the judgment explained.

However, the decision was not unanimous.

Justice Fadawu Umar disagreed with the majority view and maintained that the appeal lacked sufficient grounds.

He argued that the earlier judgment should have remained in force.

The legal battle dates back to 2018 when a group of Muslim students challenged the International School’s uniform policy after being prevented from wearing hijab alongside the approved school attire.

The case was filed by 11 students with support from the Muslim Rights Concern (MURIC), an advocacy group that has consistently campaigned for the protection of religious rights in educational institutions.

Four years later, the Oyo State High Court ruled in favour of the students, declaring that the school’s ban violated constitutional guarantees of religious freedom.

Unhappy with that outcome, the school management approached the Court of Appeal, setting the stage for the latest judgment that has now restored the school’s authority to enforce its existing dress code.

The ruling is expected to reignite discussions over the balance between religious rights and institutional regulations in Nigeria’s education sector, particularly in privately owned schools.

The Court of Appeal in Ibadan has ruled that students of the International School, University of Ibadan (ISI), cannot wear hijab as part of the school uniform, overturning an earlier High Court judgment that had favoured Muslim students challenging the policy.

In a divided decision delivered on Friday, the appellate court held that legal protections allowing the use of hijab in schools, as recognised by the Supreme Court, are applicable to public educational institutions and not private schools such as ISI.

The ruling effectively reverses a 2022 judgment of the Oyo State High Court, which found that the school’s restriction on hijab infringed on the constitutional rights of Muslim students, including freedom of religion and protection from discrimination.

A three-member panel heard the appeal, with two justices supporting the decision to overturn the lower court judgment, while one justice dissented.

Justice Biobele Georgewill, who delivered the lead judgment, said the International School operates as a private institution and therefore differs legally from public schools covered by previous Supreme Court pronouncements on the issue.

According to him, students and parents voluntarily agree to abide by the school’s regulations when seeking admission, including rules governing appearance and dress.

“The right to practise one’s religion remains protected, but individuals can choose to accept certain conditions when they voluntarily enrol in a private institution,” the court stated in its reasoning.

The court further noted that while the Supreme Court had affirmed the right of Muslim students to wear hijab in public schools, no similar binding decision currently exists regarding private educational establishments.

“As it stands, the legal position concerning private schools is different.

“Existing Supreme Court decisions on hijab relate to public schools and cannot automatically be extended to private institutions,” the judgment explained.

However, the decision was not unanimous.

Justice Fadawu Umar disagreed with the majority view and maintained that the appeal lacked sufficient grounds.

He argued that the earlier judgment should have remained in force.

The legal battle dates back to 2018 when a group of Muslim students challenged the International School’s uniform policy after being prevented from wearing hijab alongside the approved school attire.

The case was filed by 11 students with support from the Muslim Rights Concern (MURIC), an advocacy group that has consistently campaigned for the protection of religious rights in educational institutions.

Four years later, the Oyo State High Court ruled in favour of the students, declaring that the school’s ban violated constitutional guarantees of religious freedom.

Unhappy with that outcome, the school management approached the Court of Appeal, setting the stage for the latest judgment that has now restored the school’s authority to enforce its existing dress code.

The ruling is expected to reignite discussions over the balance between religious rights and institutional regulations in Nigeria’s education sector, particularly in privately owned schools.