An Oyo State High Court has declared that denying female Muslim students of University of Ibadan International School the right to wear hijab on their school uniform is unconstitutional.
Justice Moshood Ishola made the declaration on Wednesday in an infringement of fundamental rights suit filed by 11 students.
The News Agency of Nigeria reports that the suit was jointly filed by the students and an Islamic rights group, the Muslim Rights Concern.
The judge declared that ISI was a multi-religion public school and any female Muslim student wishing to wear hijab on her uniform should not be denied the freedom to do so.
Ishola said denying them this right would amount to violation of their rights to thought, religion and education as contained in Section 38 and 42 of the Nigerian Constitution.
He said the court was bound to abide by the decision of a superior court, which had made pronouncements on the matter when the facts are the same.
“The suit succeeds in its entity and I make no order as to damages as prayed by the petitioners,” the judge said.
NAN reports that 11 female Muslim students of ISI had 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, Raheemah Akinlusi and Fareedah Moshood.
The respondents in the suit were ISI, University of Ibadan, Principal of ISI and the school’s governing board, among others.
The petitioners prayed for an order of the court to declare as illegal, wrongful and unconstitutional the school’s refusal to allow them to wear hijab on their school uniform.
They argued that the denial amounts to violation of their freedom of thought, religion and education as contained in Section 38 and 42 of the Constitution..
Counsel to the students, Hassan Fajimite, and MURIC’s counsel, Yusuf Anikulapo, commended the judge on his ruling.
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The counsel to the first to fifth respondents, Magnus Ejelonu, also appreciated the judge for his ruling.
NAN reports that the ISI authorities had in 2018 barred its female Muslim students from wearing hijab on their school uniform.
The students, through their parents, had then approached the court for the enforcement of their fundamental rights.
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