Justice Ovenseri Aghamieghemen Otamere of the Edo State High Court, situated in Fugar, which is within the Etsako Central Local Government Area, has set a deadline of February 3, 2026, for the State Government to submit its response to a lawsuit filed by Muslim organizations concerning the transfer of schools to missionary groups. The lawsuit was initiated by Sirajudeen Muhammad and Abdullahi Umar, acting on their own behalf and representing the Edo Muslims for Good Governance, known as EMGG, along with the registered trustees of the Muslim Students’ Society of Nigeria, MSSN, Edo-Delta Area Council. The suit, designated HAG/15/2025, challenges the legality of the government’s action, arguing that it violates Sections 38 and 42 of the 1999 Constitution, as amended, which protect the freedom of religion and prohibit discrimination. The plaintiffs are primarily seeking a declaration that the exclusive handover of public schools solely to the Catholic Mission, without proper consultation with Muslim stakeholders or other religious groups, is both unconstitutional and undermines Nigeria’s principle of a secular state.
During the initial hearing, the legal representative for the defendants informed the court that they had not yet filed their official response to the lawsuit. Consequently, the presiding judge, Justice Ovenseri Aghamieghemen Otamere, postponed the case to December 9, 2025, for further proceedings. On the adjourned date, December 9, 2025, the matter was again delayed because the counsel for the State Government requested an adjournment, stating their continued inability to file a response. Following the counsel’s explanation, Justice Otamere instructed the defendant to file all necessary responses by the next adjourned date, which is February 3, 2026.
Justice Otamere cautioned the defendant that the court would not tolerate unnecessary delays in a matter of significant public interest. He warned that if the defendant failed to file its processes by February 3, 2026, the court would have no alternative but to proceed with the hearing and determine the case based only on the documents already submitted. He explicitly stated that procedural excuses would not be permitted to frustrate a case that involves public interest. Speaking to reporters shortly after the adjournment, Siraj Kabiru, the lead counsel for the claimants, explained that the purpose of the day’s proceedings was strictly to get a status report, which was intended to confirm whether the defendants, specifically the Edo State Government and its relevant officials, had filed any opposition to the originating summons. He lamented that, regrettably, the defendants had still failed to file any processes against the suit as of the hearing date. Kabiru commented that the public is anxiously waiting for the court’s ruling on whether the state government possesses the lawful authority to transfer control of public schools to missionary organizations.
Conversely, the counsel for the defendants, I. O. Kadiri, attributed the delay in filing the response to the relocation of the Ministry of Education from its previous location to a new one. Kadiri stated that this move had hindered their access to the necessary official records and relevant documents. He confirmed that he requested the court to grant an adjournment to allow the defendants time to file their response. The media report noted that the schools already transferred include St. Maria Goretti Girls Grammar School, Benin City; Annunciation Catholic College, Irrua; St. Angela’s Girls Grammar School, Uzairue; Obaseki Primary School, Benin City; Our Lady of Fatima College, Auchi; St. John Grammar School, Fugar; St. Peter’s Grammar School, Agenebode; and St. Mary Grammar School, Eme-Ora.
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