The Oyo State High Court has ruled that the Joint
Admissions and Matriculation Board (JAMB) cannot compel Muslim female
candidates to remove their hijab before sitting the Unified Tertiary
Matriculation Examination (UTME), declaring the practice unconstitutional,
illegal, null, and void.
The judgment resolves a long-standing dispute over the
rights of Muslim female candidates, affirming that wearing a hijab for
religious purposes cannot be made a condition for participating in the UTME.
Justice Y. S. Adekunle delivered the ruling on July
20, 2026, in Suit No. I/560/2025, in favour of Lawal Hameedat Adenike
Olamide, a minor who filed the suit through her mother, Mrs. Basirat Ojo-Oba.
The claimant alleged that she was denied the
opportunity to write the UTME on April 25, 2025, at a Computer-Based Test (CBT)
centre operated by PEFTI Film Institute Ltd unless she removed her hijab.
The court held both JAMB and PEFTI Film Institute Ltd
jointly liable for violating the claimant's fundamental rights.
Justice Adekunle declared that any policy requiring
female candidates to remove their hijab before writing JAMB examinations is
inconsistent with the Constitution of the Federal Republic of Nigeria.
"Any rules made by the Defendants making removal
of hijab used for religious purposes by any female candidate of the Joint
Admissions and Matriculation Board Examination is illegal, null, void and a
contradiction to the provisions of the Constitution of the Federal Republic of
Nigeria," the judge ruled.
The claimant had argued that the policy infringed on
her constitutional right to freedom of religion as guaranteed under Section
38 of the 1999 Constitution (as amended). The court agreed, ruling that
forcing her to remove her hijab as a precondition for taking the examination
amounted to a violation of her fundamental human rights.
As part of its judgment, the court ordered JAMB and
PEFTI Film Institute Ltd to issue separate letters of apology to the claimant
and publish the apologies in two national newspapers within seven days.
The court also awarded ?10 million in damages
against both defendants, jointly and severally, as compensation for the
violation of the claimant's rights, in addition to ?500,000 as the cost
of the suit.
Justice Adekunle explained that although judgment had
originally been scheduled for July 14, 2026, it was postponed to allow the
court to consider a Court of Appeal ruling delivered on July 3, 2026, involving
a similar legal issue before reaching its final decision.
The judgment was eventually delivered on July 20,
2026, during the court's annual vacation, with the consent of counsel
representing the parties. The claimant was represented by Muazatulu Ibrahim and
Ishaq Gbadegesin, while Mrs. E. A. Oladapo appeared for JAMB. PEFTI Film
Institute Ltd was not represented during the proceedings.
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