The court of appeal in Ibadan, Oyo state capital, has dismissed the judgment granting use of hijab by female Muslim students at the University of Ibadan (UI) International School (ISI).
In a split decision of two against one delivered on Friday,
Biobele Georgewill and K.I. Amadi, held that the UI International School is a
private school and not a public institution.
According to NAN, Georgewill, who read the lead judgment,
ruled that female Muslim students of ISI had waived their rights to wear hijab
on their school uniforms having signed an undertaking to abide by the rules and
regulations.
The judge held that the supreme court judgment, which
granted the use of hijab, was in respect to a public school in Lagos state.
Georgewill said right to religion is a personal right that
can be waived.
“In public schools, you can wear hijab on school uniforms
based on the judgment of the supreme court,” the judge said.
“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.”
However, Fadawu Umar, in the minority judgment, affirmed the
decision of the Oyo state high court that granted the use of hijab by female
Muslim students of ISI.
THE HIJAB CONTROVERSY
The controversy started in November 2018 after some female
pupils wore hijab, a head scarf usually worn by female Muslims, to the premises
of ISI.
Subsequently, the school management shut the school premises
to avoid any form of crisis over the hijab issue.
Prior to the closure of the school, some parents under the
aegis of International School Muslim Parents’ Forum, in a letter on November 9,
2018, sent to the school management, relayed the resolution for their female
children to start wearing hijab to school.
Reacting to the controversy, Abideen Aderinto, then deputy
vice-chancellor (academic) of University of Ibadan, said ISI is a private
school and that parents agreed by the rules and regulations guiding dressing.
Displeased by the development, some Muslim parents
instituted legal action against the institution on behalf of their children and
they include: Taofeek Yekinni, Idris Badiru, Sikiru Babarinde, Muideen Akerele,
Abdur-rahman Balogun and nine others.
The Oyo court high court ruled that the restriction on the
use of hijab violated the rights of the pupils.
The use of hijab by female Muslims in educational
institutions in Nigeria has become a recurring controversy.
In July 2022, the supreme court affirmed the rights of
Muslim female students in Lagos state to wear hijab to schoo
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