- An Oyo State High Court in Ibadan has taken decision on lawsuit filed by the International School Ibadan (ISI) regarding the use of hijab by female Muslim students
- It will be recalled that this marks the second time in six months that the school has lost such an application
- Justice Moshood Ishola ruled that the court lacks jurisdiction on the matter, emphasizing the significance of adherence to fundamental human rights
An Oyo State High Court in Ibadan on Tuesday struck out an application for a stay-of-execution filed by the International School Ibadan (ISI) of the University of Ibadan (UI).
The application concerned the rights of female Muslim students in the secondary school to wear their hijab on the school uniform.
The ruling signifies that UI-ISI lost its application for a stay-of-execution regarding the hijab usage by its female Muslim students for the second time in six months.
Justice Moshood Ishola, who presided over the court, issued the judgment following an appeal by the school management asking for a stay-of-execution.
Justice Ishola declared, “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.”
Legal Arguments and Reactions
The lead counsel to the applicants, Magnus Ejelonu, argued that his application was premised on order 4 rule 10 of the appeal court, which states that a case is admissible when records had been received and assigned a file in the court registry.
Hassan Fajimite, leading counsel to the 11 female Muslim students of UI-ISI, expressed disappointment in the school management's attempts to scuttle the enforcement of fundamental human rights, following a well-founded judgment of the High Court.
Yusuf Anikulapo, counsel to an incorporated trustee of Muslim Rights Concern (MURIC), supported Mr. Fajimite’s submission and added that a record of appeal had been transmitted by the applicant and assigned "Suit No: CA/IB/345/2024."
Justice Ishola struck out the application for lack of merit and inconsistency with laid-down rules.
Community and Stakeholder Responses
Reacting to the judgment, Chairman of ISI Muslim Parents Forum, Abdur-Rahman Balogun, welcomed the judgment and emphasized the harmonious living of school children as evidenced in the 2024 Yearbook.
He claimed that the judgment gave testament to the international status of the school, advocating for inclusivity irrespective of race, tribe, and religion.
The management of UI-ISI, including the school’s Principal and UI’s Deputy Vice-Chancellor (Academic), had filed the motions.
The school management had in 2018 banned female Muslim students from wearing hijab on their school uniform, leading to the ongoing legal battles.
High court gives final judgement on use of hijab
Meanwhile, Legit.ng earlier reported that Oyo state high court, Ibadan, has declared that female Muslim students of the International School, University of Ibadan (UI) have the right to wear hijab on top of their school uniform.
As reported by The Nation, Justice Moshood Ishola said the right to practice religion is enshrined in Nigeria's constitution.
.. Source: Legit.ng
