The Oyo State High Court in Ibadan struck out a fundamental human rights suit challenging the refusal of the University of Ibadan (UI) International School Ibadan (ISI) to allow female Muslim students wear hijabs on their school uniform.
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The suit was filed by some parents of female Muslim students in the school on behalf of their children.
Delivering his ruling on Tuesday, Justice Laniran Akintola , said the originating summons of the applicants contravened the provisions of the constitution of Nigeria.
Akintola said that the provisions of the constitution does not allow filling of a joint action in a fundamental human rights suit.
The judge held that the section of the constitution on fundamental human rights, allows separate filling of an action on the matter.
He upheld the preliminary objections filed by Abdul-Aziz Jimoh, one of the counsel to respondents in the matter, and struck out the suit.
Earlier, Jimoh had moved a preliminary objection which was not objected to by the applicants’ counsel, Sulayman Alabi.
The applicants who sued the institution on behalf of their children are Taofeek Yekinni, Idris Badiru, Sikiru Babarinde, Muideen Akerele, Abdur-rahman Balogun and nine others.
The respondents in the matter are the University of Ibadan, School Principal, Phebean Olowe, the Chairman, Board of Governors, Prof. Abideen Aderinto and Deputy Vice-Chancellor (Academics) office and three others.
It would be recalled that ISI had banned female Muslims students in the school from wearing hijab on their school uniform and the female Muslims student had protested against the decision as a violation on their fundamental human right.