Court of Appeal Reverses Hijab Judgment, Upholds Dress Code at UI International School
By DAYO ADESULU
The Court of Appeal in Ibadan has overturned a High Court judgment that allowed Muslim students of the International School, University of Ibadan, to wear hijab, ruling that the Supreme Court’s decision applies only to public schools.
Court of Appeal Sets Aside High Court Decision
The Court of Appeal sitting in Ibadan has overturned an earlier judgment that permitted Muslim students of the International School, University of Ibadan (ISI), to wear hijab as part of the school’s official uniform.
In a majority decision of two to one delivered on Friday, the three-member appellate panel ruled that the Supreme Court’s previous judgment on the use of hijab applies exclusively to public schools and does not extend to privately managed institutions such as the International School, University of Ibadan.
The ruling nullifies the 2022 judgment of the Oyo State High Court, which had declared the school’s prohibition of hijab unconstitutional and a violation of the affected students’ rights to freedom of religion and protection against discrimination.
Why the Appeal Court Reached Its Decision
Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that ISI is a private educational institution and therefore has the legal authority to enforce its dress code.
According to the court, students voluntarily accepted the school’s regulations by signing undertakings to comply with its rules before admission.
Justice Georgewill stated that while freedom of religion is constitutionally protected, it is also a personal right that individuals may voluntarily waive under certain contractual arrangements.
He further explained that the Supreme Court has not yet delivered any decision compelling private schools to permit the wearing of hijab as part of their uniforms.
The court emphasized that the existing Supreme Court ruling allowing hijab on school uniforms applies only to public schools across Nigeria.
One Justice Dissents
Justice Fadawu Umar disagreed with the majority decision.
In his dissenting judgment, he held that the appeal lacked merit and should have been dismissed, maintaining that the students’ constitutional rights deserved protection.
However, the majority judgment remains the binding decision of the Court of Appeal.
Background of the Hijab Dispute
The controversy dates back to 2018 when 11 Muslim students, supported by the Muslim Rights Concern (MURIC), challenged the International School’s ban on hijab.
In 2022, the Oyo State High Court ruled in favour of the students, declaring that the school’s restriction violated their constitutional rights to freedom of religion and freedom from discrimination.
The school authorities appealed the verdict, arguing that as a private institution they possess the authority to determine and enforce their own dress code.
Friday’s appellate judgment has now reversed that High Court decision, restoring the school’s uniform policy.
Why This Matters
The judgment is expected to shape future legal disputes involving religious dress codes in privately owned educational institutions across Nigeria. While the Supreme Court has affirmed the right of students to wear hijab in public schools, the Court of Appeal has now drawn a clear legal distinction between public and private schools.
The decision may also influence future constitutional debates on the balance between religious freedom and the autonomy of private educational institutions.
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