Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Court of Appeal sitting in Ibadan has overturned a 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 their school uniform. In a split decision delivered on Friday, July 3, 2026, the appellate court held, by a majority of two to one, that the Supreme Court's decision permitting the use of hijab applies only to public schools and not to private institutions such as ISI.
The ruling sets aside the judgment delivered by Justice Moshood Ishola of the Oyo State High Court on May 22, 2024, which had upheld the claims of 11 female Muslim students who challenged the school's prohibition of hijab. The dispute began in 2018 when the students, with the support of the Muslim Rights Concern (MURIC), instituted legal action against the school's management, arguing that the ban violated their constitutional rights to freedom of religion and freedom from discrimination.
Delivering the lead majority judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that ISI is a private school, not a public institution, and therefore the Supreme Court's earlier decision on the use of hijab in public schools could not be extended to it. Justice Georgewill submitted that the right to religion is a personal right that can be waived, and that the students had waived that right by signing an undertaking to obey ISI's rules and regulations, including its dress code. "In public schools, you can wear hijab on school uniforms based on the judgment of the Supreme Court, but the Supreme Court is yet to make any decision on the use of hijab in private schools," he said.
However, Justice Fadawu Umar dissented, holding that the appeal lacked merit and ought to be dismissed. In his minority judgment, he affirmed the High Court's decision, maintaining that the female Muslim students were entitled to wear hijab as part of their school uniforms. The split decision reflects the deep legal and societal divisions over the application of religious freedom in educational settings, particularly in private institutions.
The judgment effectively restores the school's uniform policy, which had been in place for decades before the dispute erupted. The International School, University of Ibadan, established in 1963, had maintained a dress code that prohibited the wearing of hijab as part of the official uniform. The school's management had consistently argued that the institution was private and governed by its own policies, and that allowing hijab would jeopardise its peace and long-standing traditions.
Friday's ruling brings an end to a legal battle that has spanned over eight years, with the school authorities appealing the High Court's decision. The Court of Appeal's judgment is expected to have significant implications for other private schools across Nigeria that may face similar disputes over religious attire and uniform policies.
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