JAMB can’t force candidates to remove hijab – Court

The Oyo State High Court has ruled that the Joint Admissions and Matriculation Board (JAMB) cannot compel 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.

The judgment settles a long-standing issue for Muslim female candidates seeking admission into tertiary institutions, with the court holding that they cannot be forced to remove their hijab as a condition for writing the UTME.

Justice Y. S. Adekunle, in a judgment delivered on July 20 in Suit No. I/560/2025, ruled 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 court also found PEFTI Film Institute Ltd, which operated the CBT centre where the incident occurred, jointly liable with JAMB for violating the claimant’s fundamental rights.

Justice Adekunle declared: “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).”

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 constitutional guarantees of religious freedom under Sections 38 and 1(1) and (3) of the 1999 Constitution, as amended. The court resolved the issues in her favour.

Justice Adekunle held: “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.”

As part of the reliefs granted, the court ordered JAMB and PEFTI Film Institute Ltd to issue separate letters of apology to the claimant for violating her fundamental rights and publish the apologies in two national daily newspapers within seven days of the judgment. The court also awarded the claimant ₦10 million in damages against both defendants, jointly and severally, as well as ₦500,000 as the cost of the suit.

Justice Adekunle noted that although judgment had initially been scheduled for July 14, 2026, it was postponed to allow the court consider a 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. Muazatulu Ibrahim and Ishaq Gbadegesin appeared for the claimant, while Mrs E. A. Oladapo represented JAMB. PEFTI Film Institute Ltd was not represented.