Edo Government Faces February 3 Deadline to Respond in School Handover Case, Court Rules

Table of Contents

• Deadline for State Government Response
• Details of the Lawsuit
• Court Hearing Updates
• Public Interest and Delays
• Schools Handed Over

Justice Ovenseri Aghamieghemen Otamere of the Edo State High Court, located in Fugar, Etsako Central Local Government Area, has set February 3, 2026, as the deadline for the State Government to respond to a lawsuit involving Muslim groups about the transfer of schools to missionary organizations.

According to DAILY POST, Sirajudeen Muhammad and Abdullahi Umar filed a lawsuit against the state government on behalf of Edo Muslims for Good Governance (EMGG) and the registered trustees of the Muslim Students’ Society of Nigeria (MSSN), Edo-Delta Area Council.

In the case marked HAG/15/2025, the group is contesting the legality of the government's actions, arguing that they violate Sections 38 and 42 of the 1999 Constitution (as amended), which ensure freedom of religion and protection against discrimination.

The plaintiffs are seeking a declaration that the exclusive transfer of public schools to the Catholic Mission, without proper consultation with Muslim stakeholders or other denominations, is unconstitutional and undermines Nigeria's secular nature.

During the hearing, the defendants' counsel informed the court that they had not yet submitted their response to the lawsuit.

This prompted Justice Ovenseri Aghamieghemen Otamere to postpone the case until December 9, 2025, for further hearings.

On the adjourned date, the hearing was again delayed as the State Government's counsel requested another postponement due to their failure to file a response.

In light of the counsel's explanations, Justice Ovenseri Aghamieghemen Otamere ordered the defendants to submit their responses by the next adjourned date of February 3, 2026.

Justice Otamere warned the defendants that the court would not tolerate unnecessary delays in a matter of significant public interest.

He stated that if the defendants did not file their documents by February 3, 2026, the court would proceed with the hearing and make a determination based on the materials already submitted.

He emphasized that procedural excuses would not be permitted to hinder a case of public interest.

After the adjournment, the lead counsel for the plaintiffs, Siraj Kabiru, explained that the session was convened strictly for a status report.

Kabiru indicated that the status report aims to ascertain whether the defendants, specifically the Edo State Government and its relevant officials, had filed any response to the originating summons.

He noted that, unfortunately, as of the hearing date, the defendants had not submitted any opposition to the lawsuit.

He expressed that the public is eagerly awaiting the court's decision on whether the state government has the legal authority to transfer public schools to missionary organizations.

On the other hand, the defendants' counsel, I. O. Kadiri, attributed the delay in filing responses to the relocation of the Ministry of Education from its previous location to a new one.

Kadiri stated that this change had hindered access to essential documents and official records.

He requested the court for an adjournment to allow the defendants time to file their response.

DAILY POST recalls that the schools that have already been handed over include St. Maria Goretti Girls Grammar School in Benin City, Annunciation Catholic College in Irrua, St. Angela’s Girls Grammar School in Uzairue, and Obaseki Primary School in Benin City.

Other schools include Our Lady of Fatima College in Auchi, St. John Grammar School in Fugar, St. Peter’s Grammar School in Agenebode, and St. Mary Grammar School in Eme-Ora.