The Court of Appeal in Ibadan has ruled against allowing female Muslim students to wear the hijab at the University of Ibadan International School (ISI), marking a significant development in the ongoing debate surrounding religious expression in private educational institutions. The judgment, delivered on 3 July 2026, was reached in a two-to-one split decision by the appellate bench.
Legal Reasoning And Distinctions
Justices Biobele Georgewill and K.I. Amadi, forming the majority, clarified that the Supreme Court’s 2022 ruling regarding hijab use is specifically applicable to public schools. They held that private institutions maintain the authority to enforce dress codes established in their enrollment contracts, as the constitutional protections governing state-run facilities operate differently within the private sector.
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.
Justice Fadawu Umar, who presided as the third member of the panel, offered a dissenting opinion. While the court ruled against the use of the hijab, it also addressed a previous incident where students were barred from attending classes, ruling that the school’s decision to confine those students to the library was a violation of their rights. Consequently, the court reduced the damages previously awarded by the High Court from 1 million naira to 200,000 naira.
Context And Institutional Autonomy
The legal dispute began in November 2018 when the management of the University of Ibadan International School implemented a ban on the hijab, leading parents of 11 affected students to initiate a fundamental human rights enforcement suit in 2019. An Oyo State High Court had initially found in favour of the students on 22 May 2024, declaring the school’s policy unconstitutional before the recent appellate intervention.
This case underscores the complex tension within Nigeria’s legal framework regarding the balance between individual religious rights and the autonomy of private schools to regulate their environments. As this matter navigates the appellate system, stakeholders remain observant of whether it will eventually proceed to the Supreme Court for a final determination on the scope of religious dress codes in private education.