Daud Olatunji
In a fresh legal blow to the International School Ibadan (ISI) at the University of Ibadan, an Oyo State High Court has struck out the school’s second application for a stay of execution, upholding the right of female Muslim students to wear the hijab as part of their school uniform.
PLATFORM TIMES reports that the ruling marks the second setback for the school on the issue within six months.
Justice Moshood Isola delivered the ruling on Tuesday, rejecting ISI’s attempt to halt enforcement of an earlier judgement granted on May 22, 2024, which affirmed the hijab-wearing rights of Muslim students in the school.
ISI had sought the stay of execution in response to that ruling, citing the pending appeal on the matter.
In his ruling, Justice Isola emphasized that it would be “judicial impertinence” for the court to consider an application that was already before the Court of Appeal.
He clarified that the High Court lacked jurisdiction over the application once it was officially filed with the higher 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 assigned a number at the appeal court,” Justice Isola stated.
Leading counsel for ISI, Mr. Magnus Ejelonu, argued that his application for the stay of execution was grounded in Order 4, Rule 10 of the Appeal Court’s regulations, asserting that a case remains admissible when records have been received and processed at the Court of Appeal’s registry.
He contended that the procedural framework allowed ISI’s request to halt the May ruling until a final judgement from the Court of Appeal.
On the opposing side, Mr. Hassan Fajimite, representing the 11 female Muslim students, expressed frustration with the school’s continued attempts to block enforcement of what he described as a constitutionally sound High Court decision.
He argued that ISI’s actions not only disregarded a valid judicial ruling but also impeded students’ fundamental rights.
Echoing Fajimite’s sentiments, Mr. Yusuf Anikulapo, counsel to the Muslim Rights Concern (MURIC), stated that the appeal had indeed been processed and assigned Suit No: CA/IB/345/2024, further justifying the High Court’s decision to dismiss the stay application.
Justice Isola ultimately struck down the application, finding it lacked merit and did not align with established judicial protocol.
Abdur-Rahman Balogun, Chairman of the ISI Muslim Parents’ Forum, praised the ruling as a milestone for inclusivity and harmony within the school community.
According to Balogun, ISI’s diverse student body has coexisted peacefully, with mutual respect for cultural and religious differences.
He cited the school’s 2024 Yearbook as evidence, showing students of various faiths living in unity and underscoring ISI’s commitment to multiculturalism.
“This judgement is a welcome development,” Balogun remarked, “and it reinforces ISI’s international reputation, which should inherently embrace inclusivity and respect for all, regardless of race, tribe, or religion.”
The decision is seen by supporters as an affirmation of the students’ rights and a call for institutions to align with Nigeria’s commitment to fundamental freedoms.
The case, now awaiting appeal, continues to draw national attention as advocates push for policies that reflect the country’s diverse cultural and religious landscape.
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