ISI-UI HIJAB: UI Int’l School loses again as court strikes out its state of execution application
By KEMI KASUMU
For the second time in six months, the International School Ibadan (ISI) of the University of Ibadan has lost its application of stay of execution on court’s earlier judgment approving the use of hijab by female Muslim students in the school.
This was sequel to striking out of the application for stay of execution on the judgement on May 22, 2024 granting the female Muslim students the right to wear their hijabs on the school uniform by an Oyo State High Court sitting in Ibadan.
Justice Moshood Isola, who presided over the court on Tuesday November 12, 2024, gave the judgment following an appeal by management of the school asking for stay of execution.
Delivering the ruling, Justice Ishola, who delivered the May 22 Judgment approving the use of hijab, 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 applicants, 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 in the court registry.
In his submission, 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.
Speaking in the same vein, Mr Yusuf Anikulapo, Counsel to an incorporated trustee of the Muslim Rights Concern (MURIC), 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.
The Presiding Justice Ishola, therefore struck out the application for lack of merit and not in consistent 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 live 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.
