Appeal court

By Sabiu Abdullahi

The Court of Appeal sitting in Ibadan has overturned an earlier judgment that permitted female Muslim students of the University of Ibadan International School (ISI) to wear hijab with their school uniforms.

The appellate court delivered the ruling on Friday in a split decision of two-to-one.

Justice Biobele Georgewill, who delivered the lead judgment, alongside Justice K.I. Amadi, held that ISI operates as a private institution and not a public school.

The court ruled that the students had voluntarily accepted the school’s regulations after signing an undertaking to comply with its rules on dressing.

According to the judgment, the Supreme Court ruling that recognised the right of female Muslim students to wear hijab applied to public schools in Lagos State and not to private institutions.

Georgewill said freedom of religion remains a personal right that individuals may choose to waive.

“In public schools, you can wear hijab on school uniforms based on the judgment of the supreme court,” the judge said.

“But the supreme court is yet to make any decision on the use of hijab in private schools.

“The judgment of the lower court allowing female Muslim students to wear hijab on their school uniforms in ISI, a private school, is set aside.”

However, Justice Fadawu Umar disagreed with the majority judgment. In his dissenting opinion, he upheld the earlier ruling of the Oyo State High Court, which allowed female Muslim students of the school to use hijab.

The dispute over the use of hijab at the school dates back to November 2018 after some Muslim female pupils arrived at the school wearing headscarves.

The development sparked tension among parents and school authorities. The management later shut down the school temporarily to prevent a breakdown of order.

Before the closure, parents under the umbrella of the International School Muslim Parents’ Forum had written to the school management on November 9, 2018, informing the authorities that their daughters would begin wearing hijab to school.

At the time, the then Deputy Vice-Chancellor (Academic) of the University of Ibadan, Abideen Aderinto, maintained that ISI is a private institution and that parents had agreed to the rules governing students’ dressing before admission.

Some Muslim parents later approached the court on behalf of their children to challenge the restriction. Those involved in the suit included Taofeek Yekinni, Idris Badiru, Sikiru Babarinde, Muideen Akerele, Abdur-rahman Balogun and others.

The Oyo State High Court had earlier ruled in favour of the parents and declared that banning hijab violated the fundamental rights of the pupils.

The issue of hijab in schools has remained a subject of legal and public debate in different parts of Nigeria.

In July 2022, the Supreme Court upheld the right of Muslim female students in Lagos State public schools to wear hijab as part of their school uniforms.

By Anwar Usman

The Court of Appeal in Abuja on has set aside a judgment of the Federal High Court in Kano which nullified the composition of the Kano State Independent Electoral Commission and the local government election held on October 26, 2024.

A three-judge panel, led by Justice Biobele Abraham Georgewill, said the Federal High Court did not in any way have the power to hear cases about state electoral bodies and their members.

The court said that these matters should be handled by the Kano State High Court.The court accepted appeals from the Kano State Attorney General, the Kano State House of Assembly, and KASIEC.

It then dismissed the cases at the Federal High Court for lack of authority.

In a related case, the Court of Appeal also over ruled another Federal High Court ruling noting that, the earlier ruling had rejected the list of candidates sent to KASIEC by one faction of the New Nigeria People’s Party for the recent local government election.

The Court of Appeal said the case, which involved a dispute over NNPP leadership and candidate lists from two groups, was not within the Federal High Court’s power to decide.

It added that party leadership and candidate choices cannot be settled in court.

By Ibrahim Yunusa

The Kano state government through the attorney general of the state and the commissioner of justice, Barrister Haruna Isa Dederi, urges the public to comply with the appeal court’s judgement.

Yesterday the appeal court has delivered a judgement on the Kano emirate suit in which set aside the judgement of Federal High Court which invalidates the reinstatement coronation of Muhammadu Sanusi || as emir of Kano.

Speaking at a press conference that held on Saturday at NUJ Kano headquarters, the commissioner and attorney general of the states urges all parties in the suit and general public to comply with the court’s judgement.

“On behalf of the Kano State Government, we express our profound satisfaction with the Judgment delivered by the Court of Appeal, Abuja Division, regarding the Emirate Council matter involving His Highness Khalifa Muhammadu Sanusi II and other parties.

“The verdict overturned earlier decisions by the Federal High Court and validates the government’s lawful actions regarding the chieftaincy appointments and reforms in the state’s traditional institutions,” he said.

The commissioner said, “Therefore, in strict adherence to the rule of law and in defense of democracy, all public and private institutions, as well as individuals, are required to comply with the Court of Appeal decision and act accordingly to give full effect to the Judgment.”