The Incorporated Trustees of the Muslim Rights Concern has approached the Supreme Court to challenge Friday’s judgment of the Court of Appeal sitting in Ibadan, which overturned an earlier High Court ruling permitting female Muslim students of the International School, University of Ibadan, to wear the hijab.
The three-member appellate panel, in a split decision of two to one, held that the school is a private institution and therefore not bound by previous Supreme Court decisions allowing the use of the hijab in public schools.
However, the Chairman of the ISI Muslim Parents Forum, Abdur-Rahman Balogun, in an interview with newsmen, described the verdict as shocking and disappointing, stating that the move to protect the religious rights of Muslim students was far from over.
The case, which has lasted about seven years, arose from a suit filed by 11 female Muslim students challenging the school’s prohibition of the use of the hijab as part of the school uniform.
In its judgment, the Court of Appeal held that the school is a private entity because it does not receive government subventions.
The majority judgment, delivered by Justice Biobele Georgewill and supported by Justice K.I. Amadi, further held that the right to freedom of religion is a personal right that can be waived.
The justices ruled that by signing the school’s code of conduct and agreeing to abide by its rules, including its dress code, the students had voluntarily waived that right.
“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 the 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 the hijab in private schools,” the court held.
The appellate court, however, faulted the school’s action of confining the students in the library for between three and four hours over the hijab dispute, describing it as a violation of their rights.
Consequently, the court reduced the damages earlier awarded by the lower court from N1m to N200,000.
However, Justice Fadawu Umar dissented, holding that the appeal lacked merit and should have been dismissed.
The Oyo State High Court had earlier ruled in favour of the students, holding that the ban on the hijab violated their constitutional rights to freedom of religion and freedom from discrimination under the 1999 Constitution.
The school authorities subsequently appealed the judgment, leading to Friday’s decision by the Court of Appeal.
However, Balogun disclosed that MURIC had already filed a Notice of Appeal before the Supreme Court alongside a Motion for Stay of Execution/Injunction pending the determination of the appeal.
According to him, the legal processes were filed and served on Friday shortly after the appellate court delivered its judgment.
“The Incorporated Trustees of Muslim Rights Concern have today, July 3, 2026, filed and served a Notice of Appeal together with a Motion for Stay of Execution/Injunction pending appeal of the judgment delivered today by the Court of Appeal,” he said.
Balogun argued that the legal implication was that the International School, University of Ibadan, which he described as a law-abiding institution, could not lawfully prevent Muslim students from wearing the hijab pending the hearing and determination of the application for stay.
He appealed to parents, students and members of the public to remain calm while the legal process runs its course.
Meanwhile, the management of the school has announced that it will commence the immediate enforcement of its ban on the wearing of the hijab and headscarf with the school uniform from July 6, 2026.