*Muslim Parents Forum Heads To Supreme Court
THE Court of Appeal, Ibadan Division, has overturned an Oyo State High Court judgment permitting female Muslim students of the University of Ibadan (UI) International School to wear hijab with their school uniforms.
The judgment, delivered on Friday, July 3, was sequel to an appeal filed by the management of the school against the lower court’s judgment of May 22, 2024, in a suit filed by 11 Muslim female students, accusing the management of violating their fundamental rights by preventing them from wearing hijab as part of their school uniform.
The appellate court, in a split decision of two to one, allowed the school’s appeal and set aside the lower court’s ruling.
The lead judgment, delivered by Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that the school is a private institution, making it different from public schools covered by an earlier Supreme Court decision on the use of hijab, recalling: “The Supreme Court judgment, which granted the use of hijab, was in respect to a public school in Lagos State.”
Justice Georgewill added that the decision could not automatically be applied to private schools, and the right to practise one’s religion is a personal right that can be voluntarily waived.
He stated that the students had agreed to abide by the school’s rules, including its dress code, when they enrolled, adding: “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 a private school is set aside.”
However, Justice Fadawu Umar dissented, holding that the appeal lacked merit and should be dismissed.
Umar, in the minority judgment, upheld the earlier decision of the Oyo State High Court recognising the students’ right to wear the hijab in the school.
Meanwhile, the schools Muslim Parents Forum has vowed to appeal the judgment at the Supreme Court.
The Forum’s Chairman, Abdur-Rahman Balogun, in his reaction, said the organisation was disappointed, but determined to continue the legal battle.
“As Allah decreed, we lost the appeal, but the struggle continues. We will take this matter to the highest court in the land.
“We appeal to all to remain calm in the face of what we consider open oppression.”
