An Osun State High Court, sitting in Osogbo, yesterday struck out the application for stay of execution order sought by the state chapter of the Christian Association of Nigeria (CAN) on the court judgment affirming the rights of female Muslim students to wear hijab in public schools.
When the case came up yesterday, the lead counsel to Osun CAN, Ayo Laogun, told the court that the case had gone to the Appeal Court.
He, therefore, 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.
Justice Jide Falola, therefore, struck out the application.
The lead counsel to the Muslim community in Osun, Kazeem Odedeji, who came after the court sitting, explained that the agreement was to meet at 11a.m and wondered why it was brought back to 9.am without his knowledge.
He, however, expressed his satisfaction with the withdrawal of the motion for execution.
“The motion for stay was withdrawn and struck out.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”, Odedeji said.