Court rules ban of hijab in ISI unconstitutional, infringement of rights

Justice Moshood Ishola of an Oyo State High Court sitting in Ibadan on Wednesday declared that the denial of female Muslim students at the University of Ibadan International School Ibadan (ISI) to wear hijab with their school uniform by the school authority is unconstitutional and illegal.

He made the declaration while delivering judgment in an infringement of fundamental rights suit filed by 11 female Muslim students of the school and the Muslim Rights Concern (MURIC) in Ibadan.

The judge held that ISI was a multi-religion public school and any female Muslim student who wishes to wear hijab with her uniform should not be denied the right to do so.

He further held that denying them the right to wear hijab with their school uniforms would amount to a violation of their rights to thought, religion, and education as contained in sections 38 and 42 of the constitution.

The judge said that the court was bound to abide by the decision of a superior court which had made a pronouncement on the matter when the facts are the same.

“The suit succeeds in its entirety, and I make no order as to damages as prayed by the petitioners,” the judge said.

It will be recalled that 11 female Muslim students of the University of Ibadan International School Ibadan (ISI) sued the school for not allowing them to wear hijab over their school uniform.

The petitioners are Fariidah Akere, Aaliyah Dokpesi, Akhifah Dokpesi, Imam Akinoso, Hamdallah Olosunde, Aliyyah Adebayo, Moriddiyah Yekinni, Ikhlas Badiru, Mahmuda Babarinde, and Fareedah Moshood.

The other petitioner in the suit is the Muslim Rights Concern (MURIC).

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The petitioners filed an infringement of fundamental human rights suit before the court against the school for banning them from wearing hijab with their school uniform.

The respondents in the suit are ISI, the University of Ibadan, the school principal, the school governing board, among others.

The petitioners prayed the court for an order declaring as illegal, wrongful, and unconstitutional the refusal of the school to allow them to wear hijab with their school uniform.

They argued that the denial amounted to a violation of their freedom of thought, religion, and education as contained in sections 38 and 42 of the constitution.

Counsel to the students, Mr. Hassan Fajimite, and MURIC Counsel, Mr. Yusuf Anikulapo, commended the judge for the judgment.

While the counsel to the 1st to 5th respondent, Mr. Magnus Ejelonu, appreciated the judge for the judgment.

The school authority had in 2018 barred female Muslim students of the school from wearing hijab with the school uniform.