The Court of Appeal sitting in Ibadan has set aside the judgment of the Oyo State High Court that allowed Muslim students of the International School, University of Ibadan, ISI, to wear hijab as part of the school's uniform.
In a split judgment delivered on Friday, the three-member appellate panel ruled by a majority of two to one that the Supreme Court's decision permitting the use of hijab applies only to public schools and not to private institutions such as ISI.
Justice Biobele Georgewill, who delivered the lead judgment, with Justice K.I. Amadi concurring, held that the International School is a private institution and is therefore not bound by the Supreme Court's decision on the use of hijab in public schools.
The appellate court consequently overturned the 2022 judgment of the Oyo State High Court delivered by Justice Moshood Ishola, which had ruled that the school's ban on hijab violated the affected students' constitutional rights to freedom of religion and freedom from discrimination.
According to the majority judgment, the right to freedom of religion is a personal right that can be waived. The court held that the students voluntarily agreed to abide by the school's rules and regulations, including its prescribed dress code, when they enrolled.
"The students had waived that right by signing an undertaking to obey ISI's rules and regulations, including its dress code," the court held, adding that while the Supreme Court has recognised the use of hijab in public schools, it has yet to make any pronouncement on the issue in relation to private schools.
Justice Fadawu Umar, however, dissented, holding that the appeal lacked merit and should have been dismissed.
The suit was instituted by 11 students with the support of the Muslim Rights Concern, MURIC, following the school's prohibition of hijab as part of its uniform policy in 2018.
In 2022, the Oyo State High Court ruled in favour of the students, prompting the school authorities to challenge the decision at the Court of Appeal, which delivered its judgment on Friday.