By Our Correspondent
The Muslim Public Affairs Centre (MPAC) has strongly criticised the Court of Appeal’s decision overturning a High Court judgment that upheld the right of Muslim female students at the International School, University of Ibadan (ISI), to wear the hijab as part of their school uniform, describing the verdict as a setback for religious freedom in Nigeria.
In a statement issued on Friday, the advocacy group described the appellate court’s ruling as “an assault on religious freedom” and announced its support for an immediate appeal to the Supreme Court.
It also called on the National Assembly to enact legislation that would guarantee the right of students to wear religious attire in schools, regardless of whether they are publicly or privately owned.
The Court of Appeal, Ibadan Division, had in a split 2-1 judgment delivered on Friday overturned the May 22, 2024 decision of the Oyo State High Court, which had ruled in favour of 11 Muslim female students challenging ISI’s ban on the use of the hijab.
The legal battle dates back to 2018 when the management of the International School, University of Ibadan, prohibited Muslim female students from wearing the hijab with their school uniform.
The affected students, supported by the Muslim Rights Concern (MURIC), subsequently approached the Oyo State High Court, arguing that the policy violated their constitutional rights to freedom of religion and freedom from discrimination.
Delivering judgment on May 22, 2024, Justice Moshood Ishola held that the school’s policy infringed on the students’ fundamental rights as guaranteed under the Constitution and ruled in their favour.
However, dissatisfied with the judgment, the school management appealed the decision.
Appeal Court Reverses High Court Verdict
In its judgment delivered on Friday, the Court of Appeal allowed the appeal by a majority decision.
According to the court, ISI qualifies as a private institution because it does not receive government subventions, making it distinguishable from publicly funded schools covered by earlier Supreme Court decisions on the use of the hijab.
The appellate court further held that the affected students had voluntarily accepted the school’s code of conduct upon admission and had therefore waived the right to challenge the institution’s dress code.
Justice Fadawu Umar, however, dissented, holding that the appeal lacked merit and should have been dismissed, thereby affirming the decision of the trial court.
Although it overturned the High Court’s judgment on the hijab issue, the Court of Appeal upheld the finding that the school’s decision to confine the affected students in a library for several hours constituted a violation of their rights, while reducing the damages awarded by the lower court.
Reacting to the judgment, MPAC argued that the majority decision was inconsistent with Section 38 of the 1999 Constitution, which guarantees every Nigerian the right to freedom of thought, conscience and religion.
The organisation maintained that constitutional rights should not depend on whether an institution receives government funding, insisting that ISI remains closely affiliated with the University of Ibadan, a federal institution, and should not be insulated from constitutional obligations.
MPAC also criticised the court’s conclusion that the students had waived their right to practise their religion by agreeing to the school’s admission conditions.
According to the organisation, accepting admission into an educational institution should not amount to surrendering constitutionally guaranteed rights.
It argued that if such reasoning becomes established in law, educational institutions and other organisations could require individuals to relinquish fundamental rights as a condition for admission or employment.
The group further argued that the judgment departs from an earlier Supreme Court decision affirming the right of Muslim female students to wear the hijab in schools.
It warned that limiting the application of that precedent to publicly funded institutions could create room for private and mission-owned schools to impose policies that discriminate against students on religious grounds.
MPAC also questioned what it described as an inconsistency in the appellate court’s judgment, noting that while the court found no violation of the students’ religious rights regarding the hijab, it nevertheless upheld the finding that the school’s treatment of the students by confining them in a library amounted to a breach of their rights.
The organisation commended the dissenting judgment delivered by Justice Fadawu Umar, describing it as a proper interpretation of the constitutional issues raised in the case.
It also praised the ISI Muslim Parents Forum and MURIC for filing a Notice of Appeal alongside motions seeking a stay of execution pending a final determination by the Supreme Court.
MPAC pledged to provide advocacy, public engagement and strategic support to the affected students throughout the appellate process.
Beyond the legal challenge, MPAC urged the National Assembly to enact legislation expressly protecting the right of students to wear religious attire in schools across the country, irrespective of ownership or funding arrangements.
The organisation also called on the Federal Ministry of Education, state ministries of education and education boards to issue regulations preventing schools from adopting dress codes that discriminate against students on religious grounds.
It appealed to Muslim organisations, civil society groups and other stakeholders to speak out against what it described as a judgment capable of setting a precedent that could affect religious minorities beyond the present case.
With MURIC already filing a Notice of Appeal, the dispute appears set for another round of litigation before the Supreme Court, where the final interpretation of the constitutional issues raised by the case is expected to be determined.
The organisation insists that freedom of religion remains a fundamental constitutional right that should not be forfeited as a condition for access to education and says it will continue supporting efforts to secure what it describes as a definitive judicial affirmation of the rights of Muslim students in Nigeria’s schools.