The Court of Appeal sitting in Ibadan has set aside an earlier judgment that permitted female Muslim students of the University of Ibadan International School to wear hijab on their school uniforms.
The appellate court delivered the decision on Friday in a split judgment of two justices to one.
The case followed an appeal filed by the management of International School Ibadan against the judgment of the Oyo State High Court delivered on May 22, 2024.
The High Court had ruled in favour of 11 female Muslim students who challenged the school’s refusal to allow them to wear hijab as part of their uniform.
The students had argued that the restriction violated their fundamental rights, including freedom of religion and freedom from discrimination.
However, the majority decision of the Court of Appeal reversed the lower court’s ruling.
Justices Biobele Georgewill and K.I. Amadi held that International School Ibadan is a private school and should not be treated in the same category as public schools.
Reading the lead judgment, Justice Georgewill said the Supreme Court decision that permitted the use of hijab applied to public schools in Lagos State.
He said the precedent had not extended the same position to private schools.
The court also held that the students had agreed to comply with the school’s rules and regulations, including its uniform policy.
According to the majority judgment, the right to religion is a personal right, but it can be waived where a person voluntarily agrees to be bound by specific institutional rules.
Justice Georgewill said students in public schools may rely on the Supreme Court judgment on hijab, but noted that the apex court had not made a similar pronouncement on private schools.
On that basis, the Court of Appeal set aside the Oyo State High Court judgment allowing the students to wear hijab at International School Ibadan.
In a dissenting opinion, Justice Fadawu Umar disagreed with the majority decision.
Umar upheld the judgment of the Oyo State High Court and ruled that the appeal filed by the school lacked merit.
The minority judgment maintained that the female Muslim students should be allowed to wear hijab in line with the earlier ruling of the lower court.
The decision has added a new legal dimension to the debate over religious rights, school regulations and the use of hijab in Nigerian educational institutions.
The ruling is also expected to draw attention from education stakeholders, religious groups, human rights advocates and school administrators across the country.
