The Court of Appeal in Ibadan has overturned a previous High Court judgment that permitted female Muslim students to wear the hijab at the University of Ibadan International School (ISI).
This ruling effectively clears the path for the school administration to enforce its existing dress code.
Following the decision, ISI management has issued a directive requiring the enforcement of the ban on hijabs and headscarves, effective Monday, July 6, 2026.
The appellate court reached its verdict on Friday in a split decision of two to one.
The controversy dates back to 2018, when ISI prohibited female Muslim students from wearing headscarves as part of their school uniform.
Eleven students, supported by the Muslim Rights Concern, had challenged the policy in the Oyo State High Court, claiming it violated their fundamental rights.
On May 22, 2024, the High Court ruled in favor of the students. Justice Moshood Ishola determined that ISI was a public institution and that the restriction infringed upon the students’ rights to freedom of religion and freedom from discrimination as guaranteed by the Nigerian Constitution.
The school subsequently challenged this decision in the Court of Appeal.
In the lead judgment, Justice Biobele Georgewill, supported by Justice K.I. Amadi, set aside the High Court’s ruling.
The appellate court held that ISI is a private school rather than a public institution.
Justice Georgewill stated that the Supreme Court’s previous ruling regarding the use of hijabs applies exclusively to public schools in Lagos State and does not extend to private institutions.
Furthermore, the court held that the right to religion is a personal right that can be waived, noting that the students had previously agreed to abide by the school’s regulations, including its specific dress code.
Justice Georgewill stated, “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 at ISI, a private school, is set aside.”
Justice Fadawu Umar dissented, choosing to uphold the original High Court ruling and maintaining that the school’s appeal lacked merit.
Immediately following the judgment, school management sent a notice to parents and guardians regarding the enforcement of the policy.
The notice read: “Following the judgement of the Court of Appeal delivered on Friday, 3 July 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, 6 July 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.”
Consequently, ISI’s policy prohibiting the hijab or any form of headscarf will be strictly enforced, barring any further appeal to the Supreme Court.
