MPAC Condemns Appeal Court’s ISI Hijab Verdict, Backs Supreme Court Challenge

MPAC Condemns Appeal Court’s ISI Hijab Verdict, Backs Supreme Court Challenge

The Muslim Public Affairs Centre (MPAC) has condemned the recent judgment of the Court of Appeal, Ibadan, which overturned an earlier High Court ruling affirming the right of female Muslim students at the International School, University of Ibadan (ISI) to wear the hijab as part of their school uniform.

The group described the majority judgment as a direct assault on the constitutional right to freedom of religion and warned that the decision could set a dangerous precedent for schools across Nigeria.

The Court of Appeal, in a split decision delivered on Friday by a three-member panel, set aside the May 22, 2024, judgment of the Oyo State High Court, which had upheld the rights of 11 Muslim female students to wear the hijab in school.

The appellate court ruled that ISI should be regarded as a private institution because it does not receive government subventions directly. Based on that finding, the court held that the Supreme Court’s landmark judgment in Lagos State Government & Ors v. Asiyat AbdulKareem & Ors, which recognised the right of Muslim students to wear the hijab in public schools, does not automatically extend to ISI.

The court also ruled that the affected students voluntarily accepted the school’s code of conduct at the point of admission and had therefore waived their right to insist on wearing the hijab while attending the institution.

Despite dismissing the students’ principal claims, the Court of Appeal upheld the High Court’s finding that confining the students to the school library for between three and four hours because they wore the hijab amounted to a violation of their fundamental rights. However, the appellate court reduced the damages awarded to each student from ₦1 million to ₦200,000.

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Justice Fadawu Umar, who delivered the dissenting judgment, disagreed with the majority, holding that the appeal lacked merit and that the constitutional rights of the students remained intact.

Reacting to the judgment, MPAC said the ruling was not a neutral resolution of a school dress-code dispute but a significant setback for religious freedom in Nigeria.

In a statement signed by its Executive Chairman, Disu Kamor, the organisation argued that the majority judgment was legally flawed and inconsistent with Section 38 of the 1999 Constitution, which guarantees every Nigerian the right to freedom of thought, conscience and religion, including the freedom to manifest and practise one’s faith.

According to MPAC, those constitutional protections cannot be determined by whether a school receives government funding.

The organisation maintained that the rights guaranteed under the Constitution belong to every Nigerian regardless of age and should not be lost simply because a student attends a particular school.

MPAC further argued that classifying ISI as a private school solely because it does not receive government subventions amounts to “a bookkeeping test masquerading as constitutional analysis.”

It insisted that ISI remains, in every material respect, an institution established and administered under the authority of the University of Ibadan, a federal government-owned university operating on public land and under public academic supervision.

The group warned that the judgment could create a legal precedent allowing private and faith-based schools to adopt discriminatory dress code policies against Muslim students.

MPAC also faulted what it described as an internal contradiction in the Court of Appeal’s judgment.

According to the organisation, it is difficult to reconcile the court’s conclusion that preventing the students from wearing the hijab did not violate their constitutional rights while simultaneously affirming that confining them to the library for wearing the hijab amounted to a breach of their rights.

It argued that the apparent inconsistency strengthens the case for the matter to be reviewed by the Supreme Court of Nigeria.

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The organisation further maintained that the Court of Appeal departed from the Supreme Court’s decision in Lagos State Government & Ors v. Asiyat AbdulKareem & Ors, describing the apex court’s judgment as a landmark affirmation of Muslim female students’ constitutional right to wear the hijab in educational institutions.

According to MPAC, restricting the application of that precedent only to publicly funded schools weakens its constitutional significance and could encourage discriminatory policies in private educational institutions across the country.

The group commended Justice Fadawu Umar for his dissenting judgment, saying he correctly recognised that the appeal lacked merit and that the students’ constitutional rights remained enforceable.

MPAC also threw its weight behind the decision of the ISI Muslim Parents Forum (ISIMPF) and the Muslim Rights Concern (MURIC) to challenge the Court of Appeal’s decision at the Supreme Court.

It urged the Court of Appeal to expeditiously hear and grant the pending application for a stay of execution to preserve the status quo while the appeal is determined by the apex court.

The organisation appealed to affected students and their parents to remain calm and allow the judicial process to take its course.

Beyond the litigation, MPAC called on the National Assembly to enact legislation affirming that the constitutional right to religious freedom, including the right to wear religious attire, applies equally in both public and private schools.

It also urged the Federal Ministry of Education and state education authorities to introduce regulations preventing schools from implementing dress code policies that discriminate against students on the basis of religion.

The ISI hijab case has continued to generate nationwide debate over the balance between institutional autonomy and the constitutional protection of fundamental rights. With MURIC, ISIMPF, and other stakeholders already indicating plans to approach the Supreme Court, the case is expected to shape future jurisprudence on religious freedom, school policies and students’ rights in Nigeria.

 

MPAC Condemns Appeal Court’s ISI Hijab Verdict, Backs Supreme Court Challenge