By Adeyinka Adeniran
The Court of Appeal sitting Ibadan on Wednesday ordered maintenance of Status quo on the judgment delivered on the wearing of hijabs by the female students of The International School Ibadan (ISI), University of Ibadan.
The order was given at the sitting of the Court on the application filed by the Incorporated Trustees of the Muslim Rights Concern (MURIC) in a suit number CA/IB/347/2024 praying the court to grant injunction restraining the implementation of the judgement delivered on the subject matter.
The Nation reports that, the Court of Appeal in Ibadan, last week set aside an Oyo State High Court judgment that permitted female Muslim students to wear hijab at the University of Ibadan International School, ISI.
The ruling was delivered on Friday, July 3rd, in a split decision of two to one.
Immediately the judgment was delivered, the management of ISI issued a directive that it would commence an immediate enforcement of the judgment from July 6th.
However, in court yesterday (Wednesday), Counsel to the applicant, Hassan Fajimite, in his argument prayed the court for an injunction for stay of execution order of judgement that was delivered last Friday.
He submitted that neither the University of Ibadan nor the International School had the legal authority to prevent Muslim female students from wearing the hijab or take disciplinary action against them while the matter remained before the courts.
Justice K.I. Amadi led 3-man panel of the Appelate queried the rationale behind the implementation of the judgement when the certified true copy of the judgment is yet to be released.
Having listened to the submissions of both parties the court directed that the existing situation be maintained pending the determination of the application before it.
The Court of Appeal had ruled against wearing of headscarf known hijab as part of uniform at International School, University of Ibadan.
Recall that the case began in 2018 when ISI barred female Muslim students from wearing the headscarf with their uniform.
Eleven students, with support from the Muslim Rights Concern, sued the school and the University of Ibadan at the Oyo State High Court, alleging an infringement of their fundamental human rights.
On 22 May 2024, the High Court ruled in favour of the students.
Justice Moshood Ishola held that ISI was a public institution and that the ban violated the students’ rights to freedom of religion and freedom from discrimination under the Nigerian Constitution. The school subsequently appealed.
However, the defendant in the suit, the school authorities filed an appeal that was adjudicated on on Friday in Ibadan.
The 3-member appellate jurists in a split judgment of two to one ruled that wearing of headscarf known as hijab is only binding on public schools of which ISI is not.
The judgement was based on the Supreme Court that ruled that wearing of hijab is permissible in the public schools.
Justice Biobele Georgewill, with Justice K.I. Amadi in their majority judgment held that ISI is a private school, not a public institution, thereby overturned the earlier judgment on the matter.
He submitted that the right to religion is a personal right that can be waived.
According to him, 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 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,” he ruled.
In his minority ruling, Justice Fadawu Umar, said the appeal lacked merit and should be dismissed.
