AN Osun State High Court, sitting in Osogbo on Tuesday, struck out application for the state of execution of June 3rd judgment, which allowed Muslim students freedom to wear hijab to public schools.
The state chapter of Christian Association of Nigeria (CAN) had on June 22 filed an application before the state high court asking for a stay of execution of the judgment.
But at the court sitting on Tuesday, the presiding judge, Justice Jide Falola, in a brief ruling, stuck out the case based on the fact that the state Christian Community had approached the Court of Appeal sitting in Akure, Ondo State capital to sit on the matter.
Many of adherents of the two religions and their lawyers, who had 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 empty courtroom due to brief ruling of the judge.
The state CAN had in fresh affidavits deposed to by Reverend Jacob Asani and Reverend Olasunbo Ige urged Justice Falola to hand-off the case as the state Christian community had already gone to Court of Appeal, Akure 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.
Osun CAN had through its counsel Barrister Olufemi Ayandokun on Monday, July 18 headed for the Appeal Court to file all necessary papers including a fresh application for a stay of execution of the June 3 Hijab judgment.
During the last court sitting on July 8, 2016, Justice Falola had 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, Reverend Elisha Ogundiya, on Tuesday called on Christians across the state to be law-abiding pending the determination of the case before the Appeal Court while wishing that the state government will ensure that status-quo would be maintained in the state public schools.
According to him, the state CAN will pursue the matter to a logical conclusion, just as he urged his members to be vigilant and prayerful for a successful conclusion of the suit at the Appellate court.