Appeal Court Hijab Verdict ‘Travesty of Justice’, MURIC Vows to Fight On

Appeal Court Hijab Verdict ‘Travesty of Justice’, MURIC Vows to Fight On

IBADAN – The Muslim Rights Concern (MURIC) has described Friday’s Court of Appeal ruling that overturned a High Court judgment permitting female Muslim students of the International School, University of Ibadan (ISI-UI), to wear the hijab as a “travesty of justice” and a “forced abortion in the temple of justice,” vowing to take the matter to the Supreme Court .

In a statement issued on Saturday by its Executive Director, Professor Ishaq Akintola, the Islamic human rights organisation rejected the appellate court’s majority decision, which held that ISI-UI is a private school and therefore not bound by previous Supreme Court rulings allowing hijab use in public schools . The three-member appellate panel, in a split decision of two to one, set aside the May 22, 2024 judgment of the Oyo State High Court, which had ruled in favour of 11 female Muslim students who challenged the school’s prohibition of the hijab as part of the school uniform .

The legal battle over the hijab at ISI-UI has lasted approximately seven years, beginning in 2018 when the school barred female Muslim students from wearing the headscarf with their school uniform . Eleven students, supported by MURIC, instituted legal action contending that the policy violated their constitutional rights to freedom of religion and freedom from discrimination .

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Delivering the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that ISI-UI qualifies as a private institution because it does not receive government subventions . The majority further ruled that the constitutional right to freedom of religion is a personal right that can be waived, and that the students had voluntarily waived that right by signing an undertaking to obey the school’s code of conduct, 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 hijab in private schools,” the court held . However, Justice Fadawu Umar dissented, holding that the appeal lacked merit and should have been dismissed, affirming the lower court’s decision .

Professor Akintola argued that the ruling contradicts established legal principles and global best practices regarding religious freedom . “This is a travesty of justice, a forced abortion in the temple of justice and an inexplicable judicial somersault. This pronouncement cannot stand parri passu global best practices,” he said . The MURIC director maintained that even as a private school, ISI-UI has no right to violate the fundamental human rights of Muslim students, particularly since the Nigerian Constitution clearly states that no private rules or regulations can override its stipulations . “It is a basic principle in the Nigerian legal system and around the world that a lower court cannot overrule the decision of a higher one, how much more in a case that the Supreme Court had given a pronouncement. It is well known that the Nigerian Supreme Court ruled in favour of the hijab since July 2022,” Akintola stated . He further described the ruling as a “blatant assault on our norms and established social decorum” that has “made a caricature of legitimate demands of Muslims” .

MURIC has already filed a Notice of Appeal together with a Motion for Stay of Execution/Injunction pending the appeal of the judgment delivered by the Court of Appeal, Ibadan Judicial Division . “The legal implication is that the International School, University of Ibadan, which we believe is a law-abiding educational institution, cannot lawfully prevent Muslim students from wearing the hijab pending the hearing and determination of the Motion for Stay of Execution/Injunction pending appeal,” MURIC stated . Professor Akintola vowed that the miscarriage of justice would not go unchallenged: “We are heading to the Supreme Court. A Christian legal system has robbed Muslims of their identity and their value system. It must not stand. The battle has just started. Supreme Court here we come” .

Meanwhile, the management of the International School, University of Ibadan has announced that it will commence immediate enforcement of its ban on the wearing of the hijab and headscarf with the school uniform from Monday, July 6, 2026 . In a message sent to parents and guardians, the school stated: “Following the judgment of the Court of Appeal delivered on Friday, July 3, 2026, declaring The International School, University of Ibadan, a private school, all students are required to comply with the rules and regulations of the School. Accordingly, with effect from Monday, July 6, 2026, no student will be allowed to wear a hijab with the school uniform” .

The Chairman of the ISI Muslim Parents Forum, Abdur-Rahman Balogun, described the verdict as shocking and disappointing, but assured that the move to protect the religious rights of Muslim students was far from over . “As Allah decreed, we lost the appeal, but the struggle continues,” Balogun said . “We will take this matter to the highest court in the land. We appeal to all to remain calm in the face of what we consider open oppression” .

Appeal Court Hijab Verdict ‘Travesty of Justice’, MURIC Vows to Fight On