Court overturns ruling allowing hijabs at Nigerian private school

The Court of Appeal in Ibadan has reversed a High Court decision that permitted Muslim students to wear hijabs at the International School, University of Ibadan. In a split decision, the appellate court ruled that the Supreme Court's previous judgment on hijab usage is applicable only to public schools, not private institutions.

“

ISI is a private school, not a public institution, thereby overturned the earlier judgment on the matter.

The lead majority judgment, delivered by Justice Biobele Georgewill and concurred with by Justice K.I. Amadi, stated that the International School, University of Ibadan, is a private school. The justices held that students had waived their right to wear hijabs by agreeing to abide by the school'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," Justice Georgewill explained.

“

The students had waived that right by signing an undertaking to obey ISI’s rules and regulations, including its dress code.

However, Justice Fadawu Umar dissented, finding the appeal to be without merit. The dispute began in 2018 when Muslim students challenged the school's policy prohibiting hijabs as part of the uniform. The Oyo State High Court had ruled in their favor in 2022, citing violations of constitutional rights to religious freedom and non-discrimination. The school authorities' appeal led to the Court of Appeal's latest ruling.

“

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.