Can a School Founded by a Public University Truly Be Called Private?

International School, University of Ibadan (ISI)

Can a school founded by a public university truly be called private?

By Maroof Asudemade

The recent Court of Appeal judgment on the International School, Ibadan (ISI) hijab case has reopened a constitutional debate that extends well beyond school uniforms. At the heart of the controversy lies a fundamental question: Can a school established by a public university legitimately be regarded as a private institution for the purpose of limiting constitutional rights?

This intervention is not intended to question the wisdom of the Court of Appeal’s decision or to relitigate the merits of the hijab controversy. Rather, it seeks to examine the broader constitutional and legal implications arising from the court’s reported characterisation of International School, Ibadan (ISI) as a private school.

According to reports, the Court of Appeal held that ISI is a private institution and that parents and students who voluntarily accepted the school’s code of conduct are bound by its provisions, including restrictions on the wearing of the hijab. While contractual obligations deserve respect, the broader constitutional question remains unresolved.

The University of Ibadan (UI) is not a private enterprise. It is Nigeria’s premier public university, established by law, owned by the Federal Government of Nigeria, and funded through public resources. International School, Ibadan, founded by the university in 1963, was created as part of the institution’s educational mission. It was not established by private investors, a religious organisation or an independent educational trust, but by a public institution acting in the public interest.

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This raises an important legal question. If a public university establishes a school, appoints its governing authorities, determines its policies and exercises ultimate oversight, on what legal or constitutional basis does that school become a private institution? Does the collection of tuition fees automatically transform a publicly established institution into a private one? If that reasoning is accepted, should fee-paying public universities themselves also be regarded as private institutions? The answer is far from obvious and deserves careful legal scrutiny.

The significance of this issue extends well beyond the ongoing ISI hijab case. It raises broader questions about the constitutional responsibilities of institutions created, owned and controlled by the state. If publicly established institutions can avoid constitutional obligations simply by being described as private entities, then the protection of fundamental rights may become increasingly dependent on administrative policies rather than constitutional guarantees.

This argument should not be interpreted as suggesting that schools should be stripped of the authority to maintain discipline or prescribe dress codes. Uniform policies remain an essential aspect of school administration, helping to promote order, equality and institutional identity. However, where such policies intersect with constitutionally protected rights, particularly freedom of religion, the law should strive to achieve a careful balance instead of assuming that contractual consent automatically overrides constitutional protections.

The central constitutional issue is therefore not whether International School, Ibadan has the authority to regulate its students. Rather, it is whether a school established, owned and supervised by a public university should simultaneously enjoy the legal privileges associated with a private institution while benefiting from the public status, legitimacy and authority of its parent institution.

The conversation may now need to move beyond the courtroom. The National Assembly, education policymakers, constitutional scholars and the wider public should consider whether Nigeria’s laws provide sufficient clarity regarding the legal status of schools established by public universities. Greater legislative certainty would help prevent future disputes and ensure that the constitutional rights and responsibilities of such institutions are clearly defined.

The ISI hijab controversy may ultimately reach a final legal resolution. However, the broader constitutional question is likely to remain relevant long after the current dispute has ended.

When does an institution created, owned and controlled by the public cease to be public?

Until that question receives a clear legal answer, debates over the constitutional status of schools established by public universities are likely to continue.