The Court of Appeal sitting in Ibadan has set aside the judgment of the Oyo State High Court that permitted 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 decision of two to one that the Supreme Court’s judgment permitting the use of hijab applies only to public schools and not to private institutions such as the International School.

The appellate court therefore overturned the earlier ruling of Justice Moshood Ishola of the Oyo State High Court, which had held that the school’s ban on hijab violated the affected students’ constitutional rights to freedom of religion and freedom from discrimination.

The suit was instituted by 11 students with the support of the Muslim Rights Concern (MURIC).

Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that ISI is a private school and not a public institution.

He further ruled that while freedom of religion is a constitutional right, it is also a personal right that can be waived.

According to him, the students had voluntarily accepted the school’s rules by signing an undertaking to abide by its regulations, including its dress code.

“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,” the court held.

However, Justice Fadawu Umar dissented, maintaining that the appeal lacked merit and should have been dismissed.

The dispute dates back to 2018 when some Muslim students challenged the school’s prohibition of hijab as part of its uniform policy.

In 2022, the Oyo State High Court ruled in favour of the students, declaring that the restriction infringed on their constitutional rights. Dissatisfied with the decision, the school authorities appealed, leading to Friday’s judgment by the Court of Appeal.