The Court of Appeal in Ibadan has nullified an earlier judgement that allowed Muslim female students of the International School, University of Ibadan (ISI), to wear hijab with the school’s uniform, ruling that the institution’s dress code remains enforceable.
In a majority decision delivered on Friday, July 3, 2026, two of the three justices on the appellate panel held that the Supreme Court’s decision affirming the right of students to wear hijab applies exclusively to public schools and does not extend to privately owned educational institutions such as ISI.
The judgement overturned the 2022 ruling of the Oyo State High Court, which had declared the school’s restriction on hijab unconstitutional on the grounds that it infringed on the students’ rights to freedom of religion and protection from discrimination.
The legal action was initiated by 11 Muslim students, with the backing of the Muslim Rights Concern (MURIC), following the school’s insistence that students comply with its established uniform policy.
Reading the lead judgement, Justice Biobele Georgewill, whose decision was supported by Justice K.I. Amadi, held that the International School is a private institution and is therefore entitled to enforce its internal regulations, including those governing students’ appearance.
The court further ruled that the students had voluntarily agreed to abide by the school’s rules upon admission, including its dress code, and could not later challenge those conditions. It added that while the Supreme Court had affirmed the use of hijab in public schools, it had not made a similar pronouncement regarding private schools.
Justice Georgewill maintained that the constitutional right to freedom of religion is personal and may be voluntarily limited where individuals knowingly accept institutional rules.
Justice Fadawu Umar, however, disagreed with the majority decision, holding in his dissenting opinion that the appeal lacked merit and that the High Court’s judgement should have been upheld.
The controversy dates back to 2018 when Muslim students at the International School challenged the institution’s refusal to permit the use of hijab alongside the prescribed school uniform.
The Oyo State High Court later ruled in the students’ favour in 2022, prompting the school authorities to approach the Court of Appeal, which has now reversed that decision.
