Appeal Court Bars Hijab as School Uniform at UI International School

The Court of Appeal sitting in Ibadan has ruled that students of the International School, University of Ibadan (ISI), are not permitted to wear hijab as part of the school’s approved uniform, overturning an earlier judgment of the Oyo State High Court.

In a split decision delivered on Friday, the appellate court held that the legal protections allowing the use of hijab in schools apply only to public educational institutions and not to privately run schools such as ISI.

The judgment reverses the 2022 ruling of the Oyo State High Court, which had declared the school’s ban on hijab unconstitutional, describing it as a violation of the students’ rights to freedom of religion and protection from discrimination.

A three-member panel heard the appeal, with two justices agreeing to set aside the lower court’s decision, while one justice dissented.

Delivering the lead judgment, Justice Biobele Georgewill stated that the International School, University of Ibadan, operates as a private institution and is therefore not bound by previous Supreme Court decisions relating to the use of hijab in public schools.

The court held that parents and students voluntarily accept the school’s rules and regulations, including its dress code, upon admission.

According to the court, while the Constitution guarantees freedom of religion, individuals who choose to attend private schools are expected to comply with the conditions governing those institutions.

The court further explained that existing Supreme Court decisions recognising the right of Muslim students to wear hijab relate specifically to public schools and cannot automatically be extended to private educational institutions.

However, Justice Fadawu Umar dissented, maintaining that the appeal lacked sufficient merit and that the earlier High Court judgment should have been upheld.

The legal dispute began in 2018 after 11 Muslim students, backed by the Muslim Rights Concern (MURIC), challenged the school’s decision to prohibit the wearing of hijab alongside the approved uniform.

In 2022, the Oyo State High Court ruled in favour of the students, prompting the school management to appeal the decision.

With Friday’s ruling, the Court of Appeal has restored the authority of the International School, University of Ibadan, to enforce its existing dress code.

The judgment is expected to renew debate over the balance between religious freedom and institutional regulations, particularly within Nigeria’s private education sector.