The Muslim Public Affairs Centre (MPAC) has condemned the Court of Appeal’s judgment overturning an earlier ruling that allowed female Muslim students of the International School, University of Ibadan (ISI), to wear the hijab, describing the decision as an assault on religious freedom.
In a statement issued on Friday by its Executive Chairman, Disu Kamor, MPAC said the split 2-1 judgment of the Court of Appeal, Ibadan Division, undermines the constitutional rights of Muslim students and contradicts established legal precedent on freedom of religion.
The appellate court had set aside the May 22, 2024 judgment of the Oyo State High Court, which upheld the right of 11 Muslim female students to wear the hijab as part of their school uniform. The majority held that ISI is a private school because it does not receive government subventions and that the students waived their right to challenge the dress code by agreeing to the school’s regulations upon admission.
However, MPAC argued that the ruling was legally flawed, insisting that constitutional protection of religious freedom under Section 38 of the 1999 Constitution applies regardless of whether a school is publicly or privately funded.
The group also faulted what it described as the court’s contradictory reasoning, noting that while the same panel ruled that the students’ confinement in the school library for several hours violated their rights, it simultaneously held that denying them the right to wear the hijab did not amount to a breach of their religious freedom.
MPAC further criticised the court’s position that constitutional rights could be waived through admission agreements, warning that such a doctrine could weaken fundamental rights by allowing institutions to impose discriminatory conditions on students.
The organisation maintained that the decision departed from the Supreme Court’s earlier judgment affirming the right of Muslim female students to wear the hijab in schools, arguing that restricting the precedent to government-funded institutions could encourage discriminatory dress policies in private and mission-owned schools.
Commending the dissenting judgment delivered by Justice Fadawu Umar, which upheld the students’ rights, MPAC also praised the ISI Muslim Parents Forum (ISIMPF) and the Muslim Rights Concern (MURIC) for immediately filing a notice of appeal to the Supreme Court, alongside an application for a stay of execution.
The group pledged legal advocacy and public mobilisation in support of the affected students and urged the Court of Appeal to grant the stay of execution pending the Supreme Court’s determination of the case.
MPAC also called on the National Assembly to enact legislation guaranteeing the right to religious dress in all schools, irrespective of ownership, while urging the Federal Ministry of Education and state education authorities to issue regulations preventing discrimination based on religion in school dress codes.
It further appealed to the Nigeria Supreme Council for Islamic Affairs (NSCIA), the Muslim Ummah of South West Nigeria (MUSWEN), civil society organisations and other stakeholders to oppose what it described as a judgment capable of setting a dangerous precedent for religious minorities in Nigeria.
According to MPAC, no Muslim child should be forced to choose between education and religious obligations, insisting that the hijab remains a constitutionally protected expression of faith.
