By Adeola Badru
The Court of Appeal sitting in Ibadan has overturned an earlier High Court judgment that permitted students of the International School, University of Ibadan, ISI, Oyo State, to wear the Islamic headscarf, popularly known as the hijab, as part of the school’s uniform.
The court declared that the institution is a private school and, therefore, entitled to enforce its dress code.
The appellate court, in a split decision of two to one delivered on Friday, held that the Supreme Court’s judgment permitting the use of hijab in public schools does not apply to private schools such as ISI.
The appeal followed an earlier judgment by the High Court, in which Justice Moshood Ishola ruled in favour of 11 students, who instituted the suit with the support of the Muslim Rights Concern (MURIC).
Justice Ishola had described the school’s position on the issue as an infringement of the students’ fundamental human rights, holding that the ban on the wearing of hijab violated their constitutional rights to freedom of religion and freedom from discrimination as guaranteed under the 1999 Constitution of the Federal Republic of Nigeria.
Dissatisfied with the decision, the school authorities appealed the judgment.
Delivering the lead majority judgment, Justice Biobele Georgewill, with Justice K. I. Amadi concurring, held that ISI is a private school rather than a public institution and consequently set aside the lower court’s decision.
Justice Georgewill stated that the right to freedom of religion is a personal right that can be waived, adding that the students had voluntarily waived that right by signing an undertaking to obey the school’s rules and regulations, including its dress code.
According to him, “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.”
In his dissenting judgment, Justice Fadawu Umar held that the appeal lacked merit and should be dismissed.
Following the appellate court’s judgment, the management of the International School, University of Ibadan announced the immediate enforcement of its dress code, prohibiting the wearing of hijab or headscarves with the school uniform from Monday, July 6, 2026.
In a notice to parents and guardians titled, “Important Information to Parents and Guardians,” the school informed them of the Court of Appeal’s decision and directed that all students must comply with its rules and regulations.
The notice reads: “Following the judgment of the Court of Appeal delivered on Friday, July 3, 2026, declaring The International School, University of Ibadan, a private school, all students are required to comply with the rules and regulations of the School.
“Accordingly, with effect from Monday, July 6, 2026, no student will be allowed to wear a hijab with the school uniform.
“Parents and guardians are kindly requested to ensure that their children comply with this directive. Thank you for your understanding and cooperation,“ the notice said.
