An Oyo State High Court sitting in Ibadan on Tuesday struck out an application for a stay-of-execution filed by the International School Ibadan (ISI) of University of Ibadan (UI).
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.
Justice Ishola 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, Mr. 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 records had been received and assigned a file in the court registry.
In his submission, the leading counsel to the 11 female Muslim students of UI-ISI, Mr. 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.
Speaking in the same vein, Mr Yusuf Anikulapo, counsel to an incorporated trustee of Muslim Rights Concern (MURIC) which is an interested party, corroborated Fajimite’s submission.
He said a record of appeal has been transmitted by the applicant, adding that his case has been assigned “Suit No: CA/IB/345/2024”.
Justice Ishola 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 had been living harmoniously “as evident in the 2024 Yearbook where all the students lived peacefully, irrespective of their tribe and faith”.
Balogun added that the judgement also gave testament to the international status of the school.
“This is a status which should allow for inclusivity of all, irrespective of race, tribe and religion.”
The motions were filed by the University of Ibadan, ISI, the school’s Principal and UI’s Deputy Vice-Chancellor (Academic).
The management of the school had in 2018 banned female Muslim students from wearing hijab on their school uniform.
