By Emmanuel Adeleke
The management of International School, Ibadan (ISI), has filed a motion for stay of execution of judgement on the Oyo State High Court judgement, granting female Muslim students the right to wear hijab on their school uniforms.
The motion was filed by the University of Ibadan (UI), ISI, principal and UI deputy vice chancellor (academic).
The motion has been slated for hearing on July 10, 2024 before Justice Moshood Ishola.
Recall that the management of the school had in 2018 banned female Muslim students from wearing hijab on their uniforms. The development prompted the students through their parents to approach the court for the enforcement of their fundamental human rights.
An Oyo State High Court sitting in Ibadan had on May 23, 2024 declared that the decision of the ISI management, owned by the University of Ibadan (UI), to prevent female Muslim students from wearing hijab on their uniforms was unconstitutional and illegal.
Justice Moshood Ishola, who delivered the judgement, held that it was an infringement on the fundamental rights of the 11 female Muslim students who filed the suit.
Justice Ishola held that ISI is a multi-religious public school, adding that any female Muslim student who wishes to wear hijab on her uniform should not be denied the opportunity.
He said that denying them their right to wear hijab on their school uniforms would amount to violation of their rights to thought, religion and education as contained in section 38 and 42 of the constitution.
The judge also said that the court was bound to abide by the decision of a Supreme Court, which had made pronouncement on the matter, when the facts are the same.
“The suit succeed in its entirety and I make no order as to damages as prayed by the petitioners,” the judge said.
Eleven female Muslim students of ISI had sued the school through their parents for not allowing them to wear hijab over their school uniforms.
The petitioners are Faridah Akerele, Aaliyah Dokpesi, Akhifah Dokpesi, Iman Akinoso, Hamdallah Olosunde, Aliyyah Adebayo, Moriddiyah Yekinni,Ikhlas Badiru, Mahmuda Babarinde, Roheemah Akinlusi and Fareedah Moshood.