ISI-UI Hijab: Court of Appeal fixes July 3 for judgment

The Court of Appeal sitting in Ibadan will on Friday, July 3, deliver its judgment in the matter between 11 female Muslim students of the International School, University of Ibadan (ISI-UI) and the school authorities, challenging their fundamental human rights to wear the hijab with their school uniforms.

The matter, which has been before the High Court since 2019, where the Court affirmed the right of the female students on May 22, 2024, was challenged before the Court of Appeal on the ground that ISI-UI is a private school and that the judgments of the courts do not apply to it.

The matter, which has attracted significant public interest, concerns the constitutional rights of Muslim students to freely practice their religion, including the use of the hijab in educational institutions, as guaranteed by the Constitution of the Federal Republic of Nigeria.

Speaking on their expectations of the court, Alhaji Abdur-Rahman Balogun, Chairman of the ISI Muslim Parents Forum (ISIMPF), expressed optimism that the judgment will favour them, as the group is on the side of peace, fairness, and justice.

The development comes after the ruling of the Supreme Court of Nigeria in favour of female Muslim students allowing them to wear the hijab in public schools in Lagos State.

The apex court, on June 17, 2022, decided that a ban on hijabs was discriminatory and violated students’ rights to freedom of religion. Students are now allowed to wear hijabs.

In a 5–2 majority decision, the judges ruled that the hijab is an Islamic religious practice. They also stated that it does not cause problems or create divisions among students.

This ended a long legal battle that commenced in 2014 with a Lagos High Court banning the hijab in schools. It was, however, overturned in 2016 by the Court of Appeal, which declared the ban unconstitutional, before the Supreme Court, in 2022, upheld the Court of Appeal’s judgment, making the decision final.

The Lagos State Government has issued guidelines for the wearing of hijabs. Students can wear them as long as the hijab is short, smart, neat, and the same colour as the school uniform.

The Muslim Students’ Society of Nigeria (MSSN Lagos) continues to advocate for these rights, calling for government action to prevent harassment in some schools.