An Oyo State High Court sitting in Ibadan has struck out a motion for stay of execution of injunction granting the female Muslim students of the University of Ibadan, International School Ibadan, UI-ISI from wearing Hijab on their school uniform.
Justice Moshood Isola, who presided over the court gave the judgement sequel to appeal by the management of the school of the judgement of May 22 this year.
Delivering the judgement, Justice Ishola 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", Ishola declared.
Earlier, the leading counsel to the respondents, Mr. Magnus Ejelonu argued that his application was premised on order 4, rule 10 of the Appeal Court stating that a case is admissible when records had been received and assigned file in the court registry.
Leading counsel to the 11 female Muslim students of the UI-ISI, Mr. Hassan Fajimite expressed disappointment in the school management for making attempt to scuttle enforcement of fundamental human rights, following a well founded judgement of the high court.
Counsel to the applicant, an incorporated trustee of the Muslim Rights Concern, MURIC, Mr. Yusuf Anikulapo corroborated Mr. 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.
Reacting, the chairman, UI-ISI, Muslim Parents Forum, Alhaji Abdurahman Balogun described the judgement as a welcome development, as the school children have been living harmoniously, as evident in the 2024 Yearbook.
Alhaji Balogun also remarked that the judgement also gave testament to the staus of the school as international institution which allows inclusivity, diversity and freedom of religion.
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