Muslims in Edo State have dragged the government, andGovernor Monday Okpebholo to court for handing over some public primary and secondary schools to Catholic Mission.
The Muslims, under the auspices of the Edo Muslims for Good Governance (EMGG), filed the suit on behalf of registered trustees of the Muslim Students’ Society of Nigeria (MSSN), Edo‑Delta Area Council.
In the suit, Sirajudeen Muhammad and Abdullahi Umar, who filed as claimants, argued that the handover violates Sections 38 and 42 of the Nigeria Constitution.
The claimants are seeking an injunction to stop further transfers until due process is followed.
They are asking the court to determine whether the exclusive handover of public schools to the Catholic Mission by the state government is consistent with sections 38 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“Whether the handing over of public schools to the Catholic Mission without consultation and due consideration of Muslim stakeholders and other denominations violates the constitutional principle of fairness, equity and secular character of the Nigerian State.
“Whether the already handover of public schools in Edo State — including St. Maria Goretti Girls Grammar School, Benin City; Annunciation Catholic College, Irrua; St. Angela’s Girls Grammar School, Uzairue; Obaseki Primary School, Benin City, and others to the Catholic Mission is unconstitutional, null and void for want of legislative authority and for violating sections 38 and 42 of the Constitution.
“Whether the approval and shortlisting of further 36 public schools such for handover to the Catholic Mission, is discriminatory and unconstitutional among other relief sought.
“A declaration that staff of diverse religious backgrounds serving in the said schools are entitled to protection against arbitrary transfer, termination, or compulsory conversion of service under Catholic Mission management.
“An order directing the Defendants to maintain full control, supervision and management of all public schools in Edo State in accordance with the Education Laws of Edo State and the Constitution”, it stated.
Justice Ovenseri Aghamieghen Otameri, however, adjourned the case to December, 9, 2025, for hearing after it was informed that the defendants were yet to file responses.
The governor has earlier announced the return of mission schools to their original owners, which necessitated the handover of some schools to the Catholic Church.