ISI hijab: Appeal Court halts enforcement of ruling pending appeal
by Moronfolu Adeyemi · The Eagle OnlineThe legal battle over the use of hijab at the International School, University of Ibadan (ISI) took another turn on Wednesday as the Court of Appeal sitting in Ibadan granted a stay of execution of its judgment pending the determination of an appeal at the Supreme Court.
The appellate court also directed all parties to maintain the status quo and adjourned the case to October 7.
The development means Muslim pupils can continue wearing the hijab in the school until the appeal before the apex court is determined.
Chairman of the ISI Muslim Parents Forum, Abdur-Rahman Balogun, confirmed the outcome in a statement issued after the proceedings.
“Our prayers for stay of action, granted. Alhamdulillah,” Balogun said.
He added that the court directed parties to maintain the status quo and cautioned the school’s principal, Mr Akintunde, over letters and circulars allegedly issued to pupils concerning the use of hijab.
According to Balogun, the court noted that no certified true copy of the earlier judgment had been produced.
He also maintained that the hijab would remain part of the school’s dress pending the hearing of the appeal at the Supreme Court.
The latest ruling followed the Court of Appeal’s earlier split decision, delivered by a two-to-one majority, which overturned the judgment of the Oyo State High Court allowing Muslim pupils at ISI to wear the hijab as part of the school uniform.
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In the lead judgment, Justice Biobele Georgewill, with Justice K.I. Amadi concurring, held that ISI is a private school and that the Supreme Court’s decision permitting the use of hijab applies only to public schools.
Justice Fadawu Umar dissented, holding that the appeal lacked merit and should have been dismissed.
The dispute began in 2018 after Muslim pupils challenged the school’s prohibition of hijab. In 2022, the Oyo State High Court ruled in their favour, declaring the restriction unconstitutional before that decision was overturned by the Court of Appeal.
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