Appeal Court Reinstates Hijab Ban at International School Ibadan

…Rules school is a private institution; overturns Oyo High Court judgement

The Court of Appeal sitting in Ibadan has set aside the judgment of the Oyo State High Court that permitted female Muslim students to wear hijab at the International School, Ibadan (ISI).

In a split judgment of two to one delivered on Friday, the appellate court held that the school’s policy prohibiting the use of hijab with its official uniform remains valid.

The dispute began in 2018 when the school barred female Muslim students from wearing hijab with their uniforms. Eleven affected students, supported by the Muslim Rights Concern (MURIC), instituted legal action against the school, arguing that the policy violated their constitutional rights to freedom of religion and freedom from discrimination.

In May 2024, the Oyo State High Court ruled in favour of the students, declaring that the International School, Ibadan, is a public institution and that the ban on hijab infringed on the students’ fundamental rights guaranteed under the Constitution.

However, delivering the lead judgment of the Court of Appeal, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that ISI is a private institution and not a public school. The court further ruled that the Supreme Court’s decision allowing the use of hijab in public schools in Lagos State does not extend to private schools.

Justice Georgewill also held that the students voluntarily accepted the school’s rules and regulations, including its dress code, upon admission, and were therefore bound by those conditions.

In a dissenting judgment, Justice Fadawu Umar maintained that the appeal lacked merit and should have been dismissed, thereby upholding the earlier decision of the High Court.

The appellate court’s ruling means that the International School, Ibadan’s policy prohibiting the use of hijab remains in force unless the decision is overturned by the Supreme Court.