Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Oyo State High Court has delivered a landmark ruling affirming that the Joint Admissions and Matriculation Board (JAMB) cannot force female candidates to remove their hijab before taking the Unified Tertiary Matriculation Examination (UTME), declaring the practice unconstitutional, illegal, null and void. The judgment, delivered on July 20, 2026, by Justice Y.S. Adekunle, settled a long-standing question that has repeatedly surfaced at examination centres across Nigeria: Muslim girls cannot be compelled to remove their religious head covering as the price for writing the UTME.
The court held that such a condition infringes on the constitutional right to freedom of religion guaranteed under Section 38 of the 1999 Constitution of the Federal Republic of Nigeria, as amended. Justice Adekunle found in favour of Lawal Hameedat Adenike Olamide, a minor who sued through her mother, Mrs Basirat Ojo-Oba, after she was allegedly prevented from writing the April 25, 2025 UTME unless she removed her hijab. The judge also held PEFTI Film Institute Ltd, which operated the Computer Based Test (CBT) centre where the incident occurred, liable alongside JAMB for violating the claimant's fundamental rights.
In his ruling, Justice Adekunle declared: "Any rules made by the Defendants making removal of hijab used for religious purposes by any female candidate of Joint Admission and Matriculation Board Examination is illegal, null, void and a contradiction to the provisions of the Constitution of the Federal Republic of Nigeria (as amended)." The claimant had asked the court to determine whether the defendants' policy requiring Muslim female candidates to remove their hijab before sitting the UTME violated the guarantees of religious freedom contained in Sections 38 and 1(1) and (3) of the 1999 Constitution. The court answered the questions in her favour.
"The action of the Defendants forcing the Claimant to remove her hijab adorned for religious purposes and making the removal a pre-condition for her to write the Joint Admission and Matriculation Board Examination violates the Claimant's fundamental human right guaranteed and provided in Section 38, subsections (1), (2) and (3) of the Constitution," Justice Adekunle held.
As part of the remedies granted, the court ordered JAMB and PEFTI Film Institute Ltd to write separate letters apologising to the claimant for violating her fundamental rights and publish the apologies in two national daily newspapers within seven days of the judgment. The judge also awarded the claimant N10 million in damages against the two defendants, jointly and severally, as well as N500,000 as the cost of the suit. Muazatulu Ibrahim, Esq., and Ishaq Gbadegesin, Esq., appeared for the claimant, while Mrs E.A. Oladapo represented JAMB. PEFTI Film Institute Ltd was not represented.
Justice Adekunle noted that although judgment had initially been scheduled for July 14, 2026, it was deferred to enable the court to consider a fresh Court of Appeal decision delivered on July 3, 2026, on a similar issue before reaching its final decision. The judgment was eventually delivered on July 20, 2026, despite the court's annual vacation having commenced, with the consent of counsel representing the parties.
The ruling is a significant victory for religious freedom in Nigeria and a clear affirmation that no examination body can impose conditions that violate the constitutional rights of candidates. For Muslim girls seeking admission into tertiary institutions, the ruling settles a question that has repeatedly surfaced at examination centres: they cannot be compelled to remove their hijab as the price for writing the UTME.
The case originated from an incident at a CBT centre operated by PEFTI Film Institute Ltd, where the minor claimant was allegedly prevented from writing the UTME unless she removed her hijab. The court's decision reinforces the principle that religious freedom is a fundamental right that must be respected by all government agencies and their agents, including examination bodies and accredited test centres.
JAMB had previously clarified its position on the issue, stating in February 2026 that candidates are not required to remove their hijabs during registration, adding that the simple requirement is that the ears be visible during photo capture, which can be done without removing the hijab itself. Despite this clarification, incidents of harassment and discrimination against hijab-wearing candidates have persisted at various examination centres across the country, leading to legal action and public outcry.
The Oyo State High Court's ruling is expected to have far-reaching implications for the conduct of public examinations in Nigeria. It sends a clear message that the constitutional rights of candidates, particularly the right to freedom of religion, must be upheld at all times. The court's decision also serves as a deterrent to examination bodies and test centres that may be tempted to impose unlawful conditions on candidates based on their religious beliefs.
The judgment has been widely welcomed by Muslim organisations and human rights advocates. The Muslim Rights Concern (MURIC) hailed the ruling as a "landmark judgment" and a "victory for the constitution, rule of law and religious freedom." The group noted that the court rightly held that the directive prohibiting female Muslim students from wearing the hijab violated their constitutional rights to freedom of thought, conscience and religion, freedom from discrimination, and the right to education.
The ruling also highlights the importance of legal recourse in protecting fundamental rights. The minor claimant, through her mother, took the courageous step of challenging the unlawful policy in court, and her perseverance has resulted in a judgment that will benefit countless Muslim girls across Nigeria. The N10 million damages awarded against JAMB and PEFTI Film Institute Ltd serve as a strong deterrent against future violations and a recognition of the harm caused by the unlawful policy.
As the 2027 UTME approaches, the Oyo State High Court's ruling provides clear guidance: no female candidate can be forced to remove her hijab as a condition for writing the examination. The judgment is a testament to the resilience of the Nigerian judiciary and its commitment to upholding the fundamental rights enshrined in the Constitution. For Muslim girls across Nigeria, the ruling is a validation of their right to practice their faith without discrimination, even in the pursuit of higher education.
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