The Court of Appeal in Ibadan has overturned a High Court ruling that allowed Muslim students at the University of Ibadan International School to wear hijab as part of their uniform. The appellate court delivered a split 2-1 decision on July 3, 2026. It declared the school a private institution with the right to enforce its dress code. This ruling sets a new legal precedent for private schools in Nigeria.
The lead judgment by Justice Biobele Georgewill held that the Supreme Court’s 2022 decision permitting hijab in public schools does not extend to private institutions. Justice Georgewill stated that the right to freedom of religion is personal and can be waived. Students at the International School signed an undertaking to obey the school’s rules, including its uniform policy. This waiver formed the basis of the court’s decision. Justice K. I. Amadi concurred, reinforcing the autonomy of private schools to set internal regulations.
The dissenting judgment by Justice Fadawu Umar argued that the appeal lacked merit. He maintained that the school’s ban violated the students’ constitutional rights to freedom of religion and freedom from discrimination. The dissent highlights a deep divide in judicial interpretation of religious rights in private institutions. Legal experts predict the case may proceed to the Supreme Court for a final determination, given its implications for religious freedom in Nigeria.
The dispute began in 2018 when 11 Muslim students, supported by the Muslim Rights Concern (MURIC), challenged the school’s uniform policy. The Oyo State High Court initially ruled in their favor in 2022, declaring the ban unconstitutional. The school’s management appealed the decision, leading to the recent Court of Appeal judgment. The school has since issued a directive to parents and guardians, mandating compliance with the uniform policy starting July 6, 2026.
The immediate impact of the ruling is already evident. The University of Ibadan International School issued a notice to parents and guardians on July 3, 2026. It stated that no student would be allowed to wear a hijab with the school uniform from July 6, 2026. The notice read, "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." The directive has left many Muslim students and their families grappling with the practical consequences of the ban.
The ruling exposes a critical gap in Nigeria’s legal framework regarding religious expression in private institutions. While public schools are bound by the Supreme Court’s 2022 decision allowing hijab, private schools operate under different legal standards. This discrepancy creates a two-tier system where students’ rights vary based on the type of institution they attend. Human rights advocates argue that this undermines the principle of equality before the law, particularly for minority religious groups.
The case also raises questions about the role of private institutions in Nigeria’s education sector. Private schools, which often fill gaps left by underfunded public schools, have grown in influence. The Court of Appeal’s decision reinforces their autonomy but also highlights the lack of oversight in how these institutions enforce policies affecting students’ fundamental rights. Unlike public schools, private institutions are not subject to the same level of government scrutiny, leaving parents and students with limited avenues for redress.
The ruling intersects with Nigeria’s broader national conversation about secularism and religious pluralism. The constitution guarantees freedom of religion, but the practical application of this right remains contentious. The hijab debate is one of many legal battles testing the boundaries of constitutional protections. The Court of Appeal’s decision may embolden other private schools to enforce similar restrictions, further polarizing communities along religious lines. For the affected students, the ban represents a challenge to their religious identity and sense of belonging within the school community.
