After a six-year legal tussle on the constitutionality and legality or otherwise of wearing hijab by female Muslim students at the International School, Ibadan (ISI), University of Ibadan, an Oyo State High Court sitting in Ibadan, gave a verdict on May 22, 2024.

Going down memory lane, the crisis that led to the legal fireworks started in November 2018. In a bid to exercise their freedom of religion, parents of some Muslim female students wrote to the school management informing that “our girls will start using hijab since is not contradictory to the school rules and Constitution of the Federal Republic of Nigeria.”

The parents under the aegis of ISI Muslim Parents’ Forum had tendered their demand that willing Muslim girls should be allowed to use the head scarf (hijab) in line with their religious belief.

The group, then led by its Chairman, Alhaji Abdurrahman Balogun and the Secretary, Mrs. Bilikis Badiru, argued that there were two existing Court of Appeal judgments affirming that the use of hijab is a fundamental right in Nigeria under the 1999 Constitution of the Federal Republic of Nigeria.

Dissatisfied with the manner the matter was handled by the ISI Board and management of the premier university, not fewer than 11 female Muslim students, their parents and the Muslim Rights Concern (MURIC) dragged the school, the University of Ibadan, and some principal officers of the institution to court.

The case was instituted at an Oyo State High Court. Some of the students were: Faridah Akerele, Aaliyah Dopesi, Akhifah Dokpesi, Raheemah Akinlusi, Iman Akinoso, Hamdallah Olosunde, Aliyyah Adebayo, Moriddiyah Yekinni, Ikhlas Badiru, Mahmuda Babarinde, and Fareedah Moshood.

Giving the details of how the controversy started, Balogun, a parent, explained that it was a long journey that predated their struggle. He stated that after trying all options to exercise their rights but all to no avail, the parents headed to court as a last resort.

Balogun said: ‘’It was a long journey that predated our struggle and we had no choice but to play our own part. Permit me to take you down the memory lane on how we got to where we are today.

“Our phase of the journey commenced via a letter dated 29th October, 2018, intimating the International School, University of Ibadan (ISI), about our daughters’ intention to freely express their God-given and constitutionally sanctioned rights to use the hijab as part of their school uniform. We were duly informed by our predecessors that some efforts had been made in the past, through correspondences from concerned Muslim parents, on the need for the school to promote inclusion and diversity expected of a real international school by allowing willing female Muslim students wear the hijab as part of their school uniform, but the correspondences were never acknowledged by the school authority.

‘’Our method was therefore unique because we ensured that the receipts of our letters were acknowledged by all concerned. Consequent upon the inability of the ISI Board and Management to toe the line of honour in respect of our notice, we embarked on our second line of action by ensuring that our daughters appeared in school on 12th and 13th of November, 2018, wearing their hijabs.

‘’In response to the expression of these rights, the school authorities refused to conduct classes for the students. In fact, on 14th of November, the school management decided to harass the Hijab-wearing girls, sent them away from classes and incarcerated eight of them in the school library under the watchful eyes of the school security personnel throughout the school period.’’

And the Verdict 
AFTER years of back and forth and amendment of the case, the court delivered its judgment .The court, presided over by Justice Moshood Ishola, gave the judgment on  May 22, 2024. The judge said he based his judgment on previous court judgments at the Supreme Court, holding that ISI, as a public institution, should allow female Muslim students the right to wear hijab.

Ishola pointed out that the school does not have the right to deny the students their fundamental human rights. The judge said he based his entire verdict on the Constitution of the Federal Republic of Nigeria and other charters, which grant freedom of religion and association. He said: “The school, staff, or its agents have no right to punish students for using hijab on the school premises or outside the school premises.

“Fundamental human rights are inalienable rights and cannot be taken, even by the powerful government. The school is a public institution.”

Meanwhile, reactions have continued to trail the judgment. Muslim Rights Concern (MURIC), through a statement issued by its Executive Director, Professor Ishaq Akintola, described the court’s pronouncement as profound, cerebral and arcane.

Akintola said: “History was made when the State High Court 6 sitting at Challenge, Ibadan. This is a monumental judgment coming from Ibadan, the heart of Yorubaland. It is a game changer. It is our hope that our Christian neighbours, overzealous civil servants and recalcitrant teachers will respect this judgment.

“In any case, MURIC will not stand akimbo while Muslim children are subject to illegal instructions particularly those that encroach on their rights as Muslims. We are fully prepared to amass incontestable evidence against anyone who molests Muslim students. It is no longer business as usual for religious fanatics among school teachers, conscienceless government officials and Muslim haters.

“The so-called merchants of ‘tolerance’ find it difficult to tolerate the Muslim headscarf unless the Muslims go to court first to fight for their civil liberties. At long last, victory has come to the Muslims. Triumph is sweetest when served cold. There is no scintilla of doubt that the victory in this court judgment after a period of six years has laid in the cold long enough.

“Where will the oppressors run to now, particularly since there is a favourable Supreme Court pronouncement on hijab? If they run to the sea, the sea will be boiling. If they run to the mountains, the mountains will be falling. Whither runneth thou, oh Herod?” He said. Also, the Muslim Public Affairs Centre (MPAC) rejoiced with the Muslim female students on the victory.

According to Disu Kamor, the Executive Chairman of the group: “It is disgraceful that a centre of higher learning like University of Ibadan would allow its secondary school become a safe haven for Islamophobes, peddling open discrimination against young girls simply because of a piece of cloth on their head, worn as a religious obligation.

“This sad episode is a sad reminder that some people embedded in our educational sector are more interested in promoting hateful and discriminatory policies against Muslims and the Muslim dress code at a time that our nation needs clear direction in teaching morality and decency as core values to our youth.

“We hope that the legal achievement in the High Court judgment in Oyo State, deriving its ruling from a Supreme Court decision on this matter, will create a trend and lessons that will be adopted by those concerned as all Nigerians are guaranteed equal participation in public life. The real test of a democracy is not in what is said in the Constitution alone, but also in how it functions on the ground.’’

Also reacting, Alhaji Abdur-Rahman Balogun, who is the Chairman of International School, Ibadan (ISI) Muslim Parents Forum, said the verdict was an end to a phase in a long-drawn battle between freedom of religious expression and bigotry in the guise of secularity and shallow convention.

Balogun said: “This judgment is memorable in all ramifications. It is an end to a phase in a long-drawn battle between freedom of religious expression and bigotry in the guise of secularity and shallow convention.

“This victory is a testament to the fact that Allah is always with those who stand on the path of the truth. It is also a testimony that the court is still the hope of the common man. We accept this victory with all solemnity. It is six years late. The youngest among our daughters who partook in the struggle as JSS 1 students are now in their final year in the school. However, it is a sweet victory over falsehood and oppression.’ ’

While calling  on all Muslim girls currently in the school to freely enjoy their rights as affirmed by the court by wearing their hijab to school without any fear of molestation, Balogun charged the authority of ISI to respect the pronouncements of the court and avoid any act of subjugation to willing students.

He added: “We hereby call on all Muslim girls currently in the school to freely enjoy their rights as affirmed by the court by wearing their hijab to school without any fear of molestation. We also call on the authority of ISI to respect the pronouncements of the court and avoid any act of subjugation to willing students in regarding the use of hijab, as a responsible organisation.’ ’

After this unfavourable judgment, would ISI and UI appeal the verdict? The university is yet to state its next line of action. The leadership of the institution was not categorical on the next step.

When contacted, the UI’s Deputy Vice Chancellor (Academic), who doubles as Chairman, Board of Governors of the school, Prof. Aderonke Baiyeroju, said: “No response. I said no response’’. When the  DVC was asked if her comment meant the university would not take any step, she said: ‘’I didn’t say we are not taking any step.’’