The Ibadan Division of the Oyo State High Court on Tuesday struck out an application for a stay of execution filed by the International School Ibadan of the University of Ibadan.
The application on the judgment execution was about the rights of female Muslim students in the secondary school to wear their hijab on the school uniform.
Tuesday’s ruling, therefore, means UI-ISI lost its application for a stay of execution regarding the usage of hijab by its female Muslim students for the second time in six months.
Justice Moshood Ishola, who presided over the court, gave the judgment following an appeal by the school management asking for a stay of execution.
The judge who also delivered the judgment on May 22 ruled that it amounts to judicial impertinence for the court to entertain a pending application at the Appeal Court.
“This court lacks jurisdiction to entertain such an application. It can only rule on a matter if the application is in limbo without being given number at the Appeal Court,” he declared.
Earlier, the leading counsel to the applicants, Magnus Ejelonu, had argued that his application was premised on order 4 rule 10 of the Appeal Court. The order states that a case is admissible when received records and a file is assigned to the court registry.
In his submission, the leading counsel to the 11 female Muslim students of UI-ISI, Hassan Fajimite, expressed disappointment in the school management.
“I am disappointed in the school for making attempts to scuttle enforcement of fundamental human rights following a well-founded judgement of the High Court,” he said.
Similarly, Yusuf Anikulapo, counsel to an incorporated trustee of Muslim Rights Concern (MURIC), an interested party, corroborated Mr Fajimite’s submission.
He said the applicant transmitted a record of appeal, adding that his case was assigned suit no. CA/IB/345/2024.
The judge, therefore, struck out the application for lack of merit and not in consistency with laid-down rules.
Reacting to the judgment, the chairman of ISI Muslim Parents Forum, Abdur-Rahman Balogun, described the judgment as a welcome development.
He claimed that the school children lived harmoniously “as evident in the 2024 Yearbook where all the students lived peacefully, irrespective of their tribe and faith.”
Mr Balogun added that the judgment also testified to the school’s international status.
(NAN)
