An Osun State High Court, sitting in Osogbo has struck out the application for stay of execution order sought by the state chapter of the Christian Association of Nigeria (OS-CAN) on the court judgement allowing female Muslim students to wear hijab in public schools.
When the case came up on Tuesday, the lead counsel to OS-CAN, Ayo Laogun, told the court that the case had gone to the Appeal Court with a reference number CA/AK/148/2016.
He applied to withdraw the application for stay of execution, saying “in view of Order 4 Rules 10 & 11 of the Court of Appeal Rules 2011, the lower court cannot take the application.”
Counsel to the 1st to 5th respondents (Governor Rauf Aregbesola, Ministry of Education and three others), Jide Obisakin, did not oppose the withdrawal application.
The presiding judge, Justice Jide Falola, therefore, struck out the application.
Meanwhile, lead counsel to the Muslim community, Kazeem Odedeji, who came after the court sitting, explained that the agreement was to meet at 11.am.
He wondered why the case was taken at 9.am.
He, however, expressed his satisfaction with the withdrawal of the motion for execution.
He said: “The Motion for stay was withdrawn and struck out. We are satisfied because the implication is that there is no motion for stay again in any court and nothing anybody can hinge upon against the full implementation of the judgment. It then behooves all parties to fully obey the judgment.