By DADA AYOKHAI
Edo State High Court, sitting in Fugar, Etsako Central Local Government Area Presided over by Justice Ovenseri Aghamieghemen Otamere has given February 3, 2026, as a deadline to the State Government to file a reply to a suit between it and Muslim group over the handing over of schools to missionary organisations.
Recall that Sirajudeen Muhammad and Abdullahi Umar sued the state government for themselves and on behalf of Edo Muslims for Good Governance, EMGG, the registered trustees of the Muslim Students’ Society of Nigeria, MSSN, Edo-Delta Area Council.
In the suit marked HAG/15/2025, the group is challenging the legality of the government’s action, arguing that it violates sections 38 and 42 of the 1999 Constitution (as amended), which guarantee freedom of religion and protection from discrimination
The claimants seek, among others, a declaration that the exclusive handover of public schools to the Catholic Mission, without due consultation with Muslim stakeholders or other denominations, is unconstitutional and undermines Nigeria’s secular character.
At the hearing, counsel to the defendants informed the court that they had yet to file their response to the suit.
This, however, prompted the presiding judge, Justice Ovenseri Aghamieghen Otameri to adjourn the case to December 9, 2025, for further hearing.
At the adjourned date, December 9, 2025, for the continuation of the hearing, the matter was also stalled as counsel to the State government sought an adjournment as a result of its inability to file a response to the matter.
Following the counsel’s excuses, Justice Ovenseri Aghamieghemen Otamere ordered the defendant to file responses on or before the next adjourned date of February 3, 2026.
Otamere cautioned the defendant that the court would not countenance undue delay in a matter of serious public interest.
He said that if the defendant failed to file its processes on or before February 3, 2025, the court would have no option but to proceed to the hearing and the determination of the case on the basis of the processes already before it.
He threatened that procedural excuses would not be allowed to frustrate a case bordering on public interest.
Speaking to newsmen shortly after the adjournment, the lead counsel to the claimants, Siraj Kabiru explained that the matter came up strictly for a status report.
Kabiru averred that the status report is aimed at determining whether the defendants, namely the Edo State Government and its relevant officials, had filed any response to the originating summons.
He added that, regrettably, as at the date of the hearing, the defendants had failed to file any process in opposition to the suit.
He posited that members of the public are anxiously awaiting the court’s pronouncement on whether the state government possesses the legal authority to hand over public schools to missionary organisations.
On his part, counsel to the defendants, I. O. Kadiri attributed the delay in filing responses to the relocation of the Ministry of Education from its former premises to a new location.
Kadiri said the development had impeded access to relevant documents and official records.
He said he prayed the court for an adjournment within which the defendants would file their response.
The schools already handed over are St. Maria Goretti Girls Grammar School, Benin City; Annunciation Catholic College, Irrua; St. Angela’s Girls Grammar School, Uzairue; and Obaseki Primary School, Benin City.
Others are Our Lady of Fatima College, Auchi; St. John Grammar School, Fugar; St. Peter’s Grammar School, Agenebode; and St. Mary Grammar School, Eme-Ora
Muslim Group Against Handover of schools: Court gives Edo Govt Feb 3 deadline to file response
