The Court of Appeal in Ibadan, on Friday set aside judgment granting the use of hijab by female Muslim students at the University of Ibadan International School Ibadan, ISI.
It would be recalled that ISI management had appealed against the judgment of the Oyo State High Court delivered on May 22, 2024.
The 11 female Muslim students of ISI had earlier approached the lower court to challenge the school management for infringing on their fundamental human rights by not allowing them to wear hijab on their school uniforms.
In a split decision of two against one, the majority judgment of the appeal set aside the lower court’s judgment granting the use of hijab by female Muslim students of ISI.
The majority judgment by Justice Biobele Georgewill and Justice K.I. Amadi held that the UI International School was a private school and not a public school.
Georgewill, who read the lead judgment, said that the Supreme Court judgment, which granted the use of hijab, was in respect to a public school in Lagos State.
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According to him, the judgment wasn’t applicable to private schools. The judge said that right to religion was a personal right which anybody could waive based on his or her beliefs.
Georgewill said that the female Muslim students of ISI had waived their rights to wear hijab on their school uniforms having signed an undertaken to abide by the rules and regulations of ISI including on the use of uniforms.
“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 judgment of the lower court allowing female Muslim students to wear hijab on their school uniforms in ISI, a private school, is set aside,” he said.
However, the minority judgment read by Justice Fadawu Umar, upheld the decision of the Oyo State High Court granting the use of hijab by female Muslim students of ISI. Umar said the appeal lacked merit and dismissed it accordingly.
NAN
