The Court of Appeal sitting in Ibadan has ordered parties to maintain the status quo in the dispute over the wearing of hijab by female Muslim students of the International School, University of Ibadan, pending the hearing of an application seeking to stop the implementation of its recent judgment.
The order was made by a three-member panel of the appellate court led by Justice K.I. Amadi, following an application filed by the Incorporated Trustees of the Muslim Rights Concern, MURIC, in suit number CA/IB/347/2024.
MURIC had approached the court seeking an injunction restraining the implementation of the judgment delivered last Friday, in which the Court of Appeal ruled against the wearing of hijab as part of the school uniform at the International School, University of Ibadan, ISI.
Counsel to the applicant, Hassan Taiwo Fajimite, urged the court to grant an injunction and stay the execution of the judgment pending the determination of the application before it.
Fajimite argued 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 was still before the courts.
During proceedings, the Justice Amadi-led panel queried the rationale behind any move to implement the judgment when the certified true copy of the decision had yet to be released.
After listening to submissions from both parties, the court directed that the existing situation be maintained pending the determination of the application.
The matter was thereafter adjourned to October 7 for further hearing.
The development follows the appellate court’s earlier decision overturning the judgment of the Oyo State High Court, which had held that the refusal of ISI authorities to allow female Muslim students wear hijab amounted to a violation of their fundamental rights.
Justice Moshood Ishola of the Oyo State High Court had ruled in favour of 11 students, who filed the suit with the support of MURIC. The trial court held that the ban violated their rights to freedom of religion and freedom from discrimination under the 1999 Constitution.
However, the school authorities appealed the decision.
In a split judgment delivered last Friday, the Court of Appeal, by a majority decision of two-to-one, held that the Supreme Court’s decision permitting the wearing of hijab applies to public schools and not to ISI, which it described as a private school.
Justice Biobele Georgewill, with Justice K.I. Amadi agreeing, held in the majority judgment that ISI is not a public institution and that the students had waived their personal right to wear hijab by signing an undertaking to comply with the school’s rules and regulations, including its dress code.
The court held that while the Supreme Court had recognised the wearing of hijab in public schools, it had not made any decision extending the same position to private schools.
In his dissenting judgment, Justice Fadawu Umar held that the appeal lacked merit and ought to be dismissed.
With the latest order, the Court of Appeal has now directed that the parties maintain the status quo while MURIC’s application challenging the implementation of the judgment is heard.
