The International School, University of Ibadan (ISI-UI) Muslim Parents Forum (ISIMPF) and the Muslim Rights Concern (MURIC) have sued for peace and also filed a stay of execution over the hijab usage controversy in the school.
This followed Friday’s Court of Appeal [ruling] sitting in Ibadan which overturned a judgment of the Oyo State High Court that permitted Muslim students of the International School, University of Ibadan, to wear hijab as part of the school’s uniform.
Reacting to the judgment of the Court of Appeal, Alhaji Abdur-Rahman Balogun, Chairman of ISIMPF, in a statement shortly after the judgment, expressed shock and disappointment.
He, however, assured Nigerians that the Forum would take the matter to the highest court in the land, while appealing to all to remain calm in the face of what he described as open oppression.
“As Allah decreed, three judges of the Court of Appeal sitting in Ibadan heard the seven-year-old legal tussle on the issue of fundamental human rights iinvolving 11 female Muslim students of the International School, University of Ibadan (ISI-UI) and upheld the appeal.
“There was a split majority decision, with the judgment delivered 2-1 by the judges.
“On the issue of the public and private status of ISI-UI, they ruled that ISI is a private school because subventions are not paid.
“On the issue of fundamental human rights, the Court also averred that [the] right to religious freedom is a personal right.
“They opined that any personal right can be waived, adding that the students had waived their rights by signing the school code; hence, no infringement of their rights was found.
“On locking the students in the library for three to four hours, the Court said it was against the students’ rights, thus reducing the damages from one million naira to ₦200,000,” Balogun said.
Citing a Qur’anic verse (Q10:85-86), Balogun prayed that Almighty Allah would not make Muslims a trial for the polytheists and wrongdoers, and would not make them overpower the believers.
Meanwhile, in a public notice, the Incorporated Trustees of the Muslim Rights Concern (MURIC), shortly after the appellate court ruling, filed and served a Notice of Appeal together with a Motion for Stay of Execution/Injunction pending appeal of the judgment delivered a few hours earlier by the Court of Appeal in the case involving the International School, University of Ibadan, before the Court of Appeal, Ibadan Judicial Division.
“The legal implication is that the International School, University of Ibadan, which we believe is a law-abiding educational institution, cannot lawfully prevent Muslim students from wearing the hijab pending the hearing and determination of the Motion for Stay of Execution/Injunction pending appeal.
“Members of the public, parents, and affected students are kindly advised to remain calm while the legal process runs its course,” the notice said.
…The Ibadan Appeal Court ruling
TheTimes reports that the Court of Appeal sitting in Ibadan on Friday overturned a judgment of the Oyo State High Court that permitted Muslim students of the International School, University of Ibadan, to wear hijab as part of the school’s uniform.
In a split judgment delivered on Friday, the three-member appellate panel held, by a majority decision of two to one, that the Supreme Court’s decision permitting the use of hijab applies only to public schools and not to private institutions such as the International School, University of Ibadan.
The appellate court set aside the earlier judgment delivered by Justice Moshood Ishola of the Oyo State High Court, which had held that the school’s ban on hijab violated the affected students’ constitutional rights to freedom of religion and freedom from discrimination.
The suit was instituted by 11 students with the support of MURIC.
Delivering the lead majority judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that “ISI is a private school, not a public institution,” thereby overturning the earlier judgment on the matter.
He submitted that the right to freedom of religion is a personal right that can be waived.
He added, “The students had waived that right by signing an undertaking to obey ISI’s rules and regulations, including its dress code.
“In public schools, you can wear hijab with 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.”
However, Justice Fadawu Umar dissented, holding that the appeal lacked merit and ought to be dismissed.
The dispute over the use of hijab at the International School, University of Ibadan, began in 2018 after some Muslim students challenged the school’s prohibition on the use of hijab as part of its uniform policy.
In 2022, the Oyo State High Court ruled in favour of the students, holding that the restriction violated their constitutional rights.
Dissatisfied with the judgment, the school authorities appealed the decision, leading to Friday’s ruling by the Court of Appeal.
…The Supreme Court ruling on the Lagos case
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.
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