The on Friday overturned the judgment of the which had permitted Muslim female students of the to wear hijab as part of their school uniform.
In the lead judgment, the appellate court held that although the has recognised the right of Muslim students to wear hijab in public schools, the apex court has not made any pronouncement extending that right to private schools.
The court stated:
“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.”
Based on that reasoning, the Court of Appeal allowed the appeal filed by the authorities of the International School, University of Ibadan, and set aside the 2022 judgment of the Oyo State High Court.
However, Justice dissented, holding that the appeal lacked merit and ought to have been dismissed.
The legal dispute began in 2018 after some Muslim students challenged the school’s policy prohibiting the use of hijab as part of its approved uniform.
In 2022, the Oyo State High Court ruled in favour of the students, holding that the restriction violated their constitutional rights.
Dissatisfied with that decision, the management of the International School, University of Ibadan, appealed the judgment, culminating in Friday’s decision by the Court of Appeal, which overturned the High Court’s ruling.
