For the second time within six months, the International School Ibadan, University of Ibadan, Oyo State lost its application of stay of execution for the usage of hijab by female Muslim students of the school.
The latest loss followed the striking out of the school’s application for stay of execution of the previous judgement of May 22, 2024.
The judgment of the Oyo State High Court sitting in Ibadan granted the female Muslim students the right to wear their hijab on their school uniform.
Justice Moshood Isola, who presided over the court on Tuesday, gave the judgment following an appeal by the management of the school asking for a stay of execution.
Delivering the ruling on the application, Justice Ishola, who delivered the May 22 Judgment, ruled that it amounts to judicial impertinence for the court to entertain a pending application at the Court of Appeal.
He held: “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 a number at the Appeal Court.”
Earlier, the lead counsel to the applicants, Magnus Ejelonu, argued that his application was premised on Order 4, Rule 10 of the Court of Appeal, stating that a case is admissible when records had been received and assigned file in the court registry.
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In his submission, the lead counsel to the 11 female Muslim students of the UI-ISI, Hassan Fajimite, expressed disappointment in the school management for making an attempt to scuttle the enforcement of fundamental human rights, following a well founded judgement of the High Court.
Speaking in the same vein, Yusuf Anikulapo, Counsel to an incorporated trustee of the Muslim Rights Concern, corroborated Fajimite’s submission that 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 inconsistency with the laid down rules.
Reacting to the judgment, the Chairman, ISI Muslim Parents Forum, Abdur-Rahman Balogun, described the judgement as a welcome development as the school children have 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, which ought to allow for inclusivity of all irrespective of race, tribe and religion.
