Split 2-1 Verdict Declares ISI a Private School, Says Students Accepted Dress Code by Enrolling
The Court of Appeal sitting in Ibadan has overturned an earlier judgment that permitted Muslim students to wear the hijab as part of the uniform at the School, University of Ibadan (ISI).
In a split decision of two to one, the appellate court ruled that ISI is a private institution and is therefore not bound by Supreme Court rulings that allow the use of hijab in public schools.
The appeal followed an earlier High Court judgment by Justice Moshood Ishola, who had ruled that the school’s ban on hijab violated the affected students’ constitutional rights to freedom of religion and freedom from discrimination.
However, the Court of Appeal held that the students voluntarily accepted the school’s rules and dress code upon admission. Delivering the lead judgment, Justice Biobele Georgewill, supported by Justice K.I. Amadi, stated that while freedom of religion is a constitutional right, it is also a personal right that can be waived.
The court noted that the Supreme Court’s previous decisions permitting hijab apply only to public schools and that no apex court ruling currently extends that right to private educational institutions.
Justice Fadawu Umar dissented, maintaining that the appeal lacked merit and that the lower court’s judgment should have been upheld.
The ruling is expected to reignite debate over religious rights, school autonomy, and the application of constitutional freedoms in privately managed educational institutions.The Court of Appeal sitting in Ibadan has overturned an earlier judgment that permitted Muslim students to wear the hijab as part of the uniform at the International School, University of Ibadan (ISI).
In a split decision of two to one, the appellate court ruled that ISI is a private institution and is therefore not bound by Supreme Court rulings that allow the use of hijab in public schools.
The appeal followed an earlier High Court judgment by Justice Moshood Ishola, who had ruled that the school’s ban on hijab violated the affected students’ constitutional rights to freedom of religion and freedom from discrimination.
However, the Court of Appeal held that the students voluntarily accepted the school’s rules and dress code upon admission. Delivering the lead judgment, Justice Biobele Georgewill, supported by Justice K.I. Amadi, stated that while freedom of religion is a constitutional right, it is also a personal right that can be waived.
The court noted that the Supreme Court’s previous decisions permitting hijab apply only to public schools and that no apex court ruling currently extends that right to private educational institutions.
Justice Fadawu Umar dissented, maintaining that the appeal lacked merit and that the lower court’s judgment should have been upheld.
The ruling is expected to reignite debate over religious rights, school autonomy, and the application of constitutional freedoms in privately managed educational institutions.
