MURIC heads to S’Court as Oyo school enforces hijab ban

The Incorporated Trustees of the Muslim Rights Concern (MURIC) has escalated a legal battle over hijab usage to Nigeria's Supreme Court. This follows a split decision by the Court of Appeal in Ibadan, which overturned a prior High Court ruling that had permitted female Muslim students to wear hijabs at the International School, University of Ibadan (ISI).

The appellate court, in a two-to-one decision, determined that ISI is a private institution and therefore not subject to Supreme Court judgments governing hijab use in public schools. The majority opinion, delivered by Justice Biobele Georgewill and supported by Justice K.I. Amadi, asserted that the right to religious freedom is personal and can be waived. Justices reasoned that by signing the school's code of conduct and agreeing to its rules, including the dress code, students voluntarily relinquished this right.

"In public schools, you can wear the 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 the hijab in private schools," the court stated. However, the appellate court did fault the school for confining the students for several hours over the hijab dispute, deeming it a rights violation and reducing damages awarded by the lower court from N1 million to N200,000.

“

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

Justice Fadawu Umar dissented, arguing the appeal lacked merit. The original Oyo State High Court had ruled in favor of the students, finding the hijab ban violated their constitutional rights to religious freedom and freedom from discrimination. The school appealed this decision, leading to the current appellate ruling.

Abd-ur-Rahman Balogun, chairman of the ISI Muslim Parents Forum, expressed shock and disappointment, vowing the fight for Muslim students' religious rights was not over. MURIC has filed a Notice of Appeal and a Motion for Stay of Execution at the Supreme Court, indicating the legal process is ongoing.

“

In public schools, you can wear the 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 the hijab in private schools.