Hijab Victory: UI-ISI Files Stay Of Execution Of Judgement
By Frederick Wright
Dissatisfied with the judgment of Oyo State High Court granting female Muslims the right to wear hijab over their school uniform in International School Ibadan, the Management of the school has filed Motions For Stay of Execution of Judgment.
The Motions were filed by the University of Ibadan, ISI, the Principal and the UI Deputy Vice-Chancellor Academic.
The Cases, M/413/19 to M/540/19, have been scheduled for hearing on the 10th day of July, 2024 before Justice Moshood Ishola of Court six.
It will be recalled that the management of the school had in 2018 banned female Muslim students from wearing hijab on the uniforms. The development prompted the students through their parents to approach the court for the enforcement of their fundamental rights.
On Wednesday May 23, 2024, an Oyo State High Court sitting in Ibadan, declared that the decision of the management of International School Ibadan (ISI), owned by the University of Ibadan (UI), preventing female Muslim students from wearing hijab on their uniform as unconstitutional and illegal.
The presiding Justice Moshood Ishola stated that it was an infringement of the fundamental rights filed by 11 female Muslim students of the school and Muslim Rights Concern (MURIC).
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 superior 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.
Recalled that 11 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.
Reacting to the motion filed by the management of ISI-UI, the chairman of ISI Muslim Parents Forum, (ISI MPF) Abdur-Rahman Balogun said it is within their constitutional rights to do so, even to file an appeal to court of Appeal till the Supreme Court, appealing to all to remain calm and pray for justice to triumph over falsehood and deceit. ###
