By DADA AYOKHAI
Edo Muslims for Good Governance (EMGG) has filed a lawsuit against Edo State Governor Monday Okpebholo, challenging the state’s decision to hand over several public schools to the Catholic Mission.
Sirajudeen Muhammad and Abdullahi Umar brought the suit on their own behalf and on behalf of EMGG, as well as the registered trustees of the Muslim Students’ Society of Nigeria (MSSN), Edo‑Delta Area Council.
The case, marked HAG/15/2025, claims the handover violates Sections 38 and 42 of the Constitution and seeks an injunction to stop further transfers until due process is followed
The suit was instituted against the defendants at the State High Court sitting in Auchi.
The claimants are seeking for a declaration whether the exclusive handover of public schools to the Catholic Mission by the state government is consistent with sections 38 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“Whether the handing over of public schools to the Catholic Mission without consultation and due consideration of Muslim stakeholders and other denominations violates the constitutional principle of fairness, equity and secular character of the Nigerian State.
“Whether the already handover of public schools in Edo State — including St. Maria Goretti Girls Grammar School, Benin City; Annunciation Catholic College, Irrua; St. Angela’s Girls Grammar School, Uzairue; Obaseki Primary School, Benin City, and others to the Catholic Mission is unconstitutional, null and void for want of legislative authority and for violating sections 38 and 42 of the Constitution.
“Whether the approval and shortlisting of further 36 public schools such for handover to the Catholic Mission, is discriminatory and unconstitutional among other relief sought,” the claimants said
The group is also seeking an order of perpetual injunction restraining the Defendants, their agents, servants or privies, from further handing over or attempting to hand over any public school in Edo State to the Catholic Mission or any other religious denomination without due process of law and equal treatment of all religious communities.
“A declaration that staff of diverse religious backgrounds serving in the said schools are entitled to protection against arbitrary transfer, termination, or compulsory conversion of service under Catholic Mission management.
“An order directing the Defendants to maintain full control, supervision and management of all public schools in Edo State in accordance with the Education Laws of Edo State and the Constitution”, it stated.
The claimants opined that the purported handover of public schools established, funded, and maintained with public resources to the Catholic Mission by the Edo State Government, without a law duly enacted by the Edo State House of Assembly, constitutes an unconstitutional usurpation of legislative powers vested in the House of Assembly.
It also averred that Public schools in Edo State are established and funded by taxpayers’ money, and no single denomination can claim exclusive ownership thereof without due legislation.
It added that the unilateral handover to the Catholic Mission violates the secular character of the Nigerian State, entrenched in the Constitution.
“Muslim students, staff, and parents are unfairly discriminated against, contrary to section 42 of the Constitution.
“Freedom of religion under section 38 of the Constitution is breached where pupils and staff are compelled to receive denominational control in public schools.
“Staff of diverse denominations face uncertainty in their employment status, discrimination in postings, and violation of their rights to equal treatment”, it added.
At the hearing, the counsel to the defendant informed the court that they are yet to file processes in response to the suit, challenging the legality of the government’s decision to hand over public schools to the Catholic Mission.
Justice Ovenseri Aghamieghen Otameri, however, adjourned the case to December, 9, 2025, for hearing.
