The ISI Muslim Parents Forum (ISIMPF) has vowed to challenge Friday’s judgment of the Court of Appeal in Ibadan at the Supreme Court, following the appellate court’s decision in the seven-year legal battle over the use of the hijab by 11 female Muslim students of the International School, University of Ibadan (ISI-UI).
In a split majority judgment of two to one, the Court of Appeal held that ISI-UI is a private school because it does not receive government subventions.
The court also ruled that while freedom of religion is a fundamental right, it is a personal right that can be waived. It held that the students had voluntarily accepted the school’s code of conduct and, therefore, could not successfully claim that their rights had been infringed by the school’s dress policy.
However, the court found that the school’s action of confining the students in a library for between three and four hours violated their rights. It consequently reduced the damages earlier awarded by the lower court from ₦1 million to ₦200,000.
Reacting to the judgment, Chairman of the ISI Muslim Parents Forum, Abdur-Rahman Balogun, described the verdict as shocking and disappointing, insisting that the struggle for the students’ rights would continue.
“We are shocked and disappointed by the judgment, but we will take the matter to the Supreme Court. We appeal to all our members and Nigerians to remain calm as we pursue justice through lawful means,” Balogun said.
Meanwhile, the Incorporated Trustees of the Muslim Rights Concern (MURIC) announced that they had, on Friday, filed and served a Notice of Appeal alongside a Motion for Stay of Execution/Injunction Pending Appeal against the Court of Appeal’s judgment.
According to MURIC, the legal implication of the filing is that the International School, University of Ibadan, “cannot lawfully prevent Muslim students from wearing the hijab pending the hearing and determination of the Motion for Stay of Execution/Injunction pending appeal.”
The organisation expressed confidence that the school would abide by the law and urged parents, students and members of the public to remain calm while the legal process continues.
The hijab dispute, which has lasted seven years, is expected to proceed to the Supreme Court, where the final legal determination on the constitutional issues surrounding religious freedom and school regulations will be sought.
