An Osun State High Court sitting in Osogbo on Tuesday struck out an application for the stay of execution of the June 3, 2016 judgment, which allowed Muslim students freedom to wear Hijab approved by the state government to public schools.
But the State Chapter of Christian Association of Nigeria had on June 22 filed an application before the State High Court asking for a stay of execution of the judgment.
However, at the court sitting on the case on Tuesday, Justice Jide Falola, in a brief ruling, struck out the case based on the fact that the state Christian community has approached the Court of Appeal sitting in Akure, the Ondo State capital, to sit on the matter.
Tens of adherents of the two religions and their lawyers trooped to the court premises at Oke-Fia area of the state for the resumed hearing of the stay of execution application filed by CAN but met an empty courtroom.
According to information, the state CAN had in fresh affidavits deposed to by Rev. Jacob Asani and Rev. Olasunbo Ige urged Justice Falola to hands off the case as the state Christian community has gone to a higher court to adjudicate on the matter.
Consequently, Justice Falola, who had abandoned the ongoing court recess to attend to the case due to its importance, struck out the stay of execution application filed before his court.
The State CAN had through its counsel, Barrister Olufemi Ayandokun, on July 18 headed for the Court of Appeal to file all necessary papers, including a fresh application for a stay of execution of the June 3 Hijab judgment.
Justice Falola had during the last court sitting on July 8 admonished all the parties in the matter to refrain themselves from doing anything against constituted authority, saying his judgment was based on the law and facts before him “at that material time” and that the case was a constitutional issue that will still be taken to the Supreme Court.
Meanwhile, the state CAN Chairman, Rev. Elisha Ogundiya, has called on Christians across the state to be law abiding pending the determination of the case before the Court of Appeal, while wishing that the state government will ensure that status-quo would be maintained in the state public schools.
According to Ogundiya, the state CAN would pursue the matter to a logical conclusion and urged the members to be vigilant and prayerful for a successful conclusion of the suit at the Appellate court.
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