The Oyo State High Court presided by Justice Y. S. Adekunle, on Monday, 22 July, 2026 ruled that the Joint Admissions and Matriculation Board, JAMB, cannot force female candidates sitting the Unified Tertiary Matriculation Examination, UTME, to remove their hijab before taking the examination, declaring the practice unconstitutional, illegal, null and void.
For Muslim girls seeking admission into tertiary institutions, the ruling settles a question that has repeatedly surfaced at examination centres: they cannot be compelled to remove their hijab as the price for writing the UTME.
The court held that such a condition infringes the constitutional right to freedom of religion.
Adekunle, in a judgment delivered on Monday, July 20, 2026 in Suit No. I/560/2025, found in favour of Lawal Hameedat Adenike Olamide, a minor who sued through her mother, Mrs Basirat Ojo-Oba, after she was allegedly prevented from writing the April 25, 2025 UTME unless she removed her hijab.
The judge also held PEFTI Film Institute Ltd, which operated the CBT centre where the incident occurred, liable alongside JAMB for violating the claimant’s fundamental rights.
“Any rules made by the Defendants making removal of hijab used for religious purposes by any female candidate of Joint Admission and Matriculation Board Examination is illegal, null, void and a contradiction to the provisions of the Constitution of the Federal Republic of Nigeria (as amended), ” Justice Adekunle declared.
The claimant had asked the court to determine whether the defendants’ policy requiring Muslim female candidates to remove their hijab before sitting the UTME violated the guarantees of religious freedom contained in Sections 38 and 1(1) and (3) of the 1999 Constitution, as amended.
The court answered the questions in her favour.
“The action of the Defendants forcing the Claimant to remove her hijab adorned for religious purposes and making the removal a pre-condition for her to write the Joint Admission and Matriculation Board Examination violates the Claimant’s fundamental human right guaranteed and provided in Section 38, subsections (1), (2) and (3) of the Constitution,” Justice Adekunle held.
As part of the remedies granted, the court ordered JAMB and PEFTI Film Institute Ltd to write separate letters apologising to the claimant for violating her fundamental rights and publish the apologies in two national daily newspapers within seven days of the judgment.
The judge also awarded the claimant N10 million in damages against the two defendants, jointly and severally, as well as N500,000 as the cost of the suit.
Justice Adekunle noted that although judgment had initially been scheduled for July 14, 2026, it was deferred to enable the court consider a fresh Court of Appeal decision delivered on July 3, 2026, on a similar issue before reaching its final decision.
The judgment was eventually delivered on July 20, 2026, despite the court’s annual vacation having commenced, with the consent of counsel representing the parties.
Speaking to newsmen after the judgments, counsel to the claimants, Qousim Opakunle, commended the court’s decision and underscored the legal basis for the suit.
“The actions of the defendants violated Section 38 of the Nigerian Constitution, which guarantees freedom of thought, conscience and religion. It is our duty to protect these fundamental rights, especially for minors who cannot defend themselves,” he said.
Source: Vanguard online.
