Muslim groups in Edo State have taken legal action against the Edo State Government and Governor Monday Okpebholo over the recent transfer of several public primary and secondary schools to the Catholic Mission, describing the move as unconstitutional and discriminatory.
Filed by the Edo Muslims for Good Governance (EMGG) on behalf of the Registered Trustees of the Muslim Students’ Society of Nigeria (MSSN), Edo-Delta Area Council, the suit challenges the legality of the handover.
According to court documents, claimants Sirajudeen Muhammad and Abdullahi Umar argue that the state government’s decision violates Sections 38 and 42 of the 1999 Nigerian Constitution (as amended), which guarantee freedom of religion and protection from discrimination.
Key Issues Raised in the Suit
The claimants are urging the court to determine:
1. Constitutionality of Exclusive Handover
Whether the exclusive return of public schools to the Catholic Mission aligns with constitutional provisions guaranteeing fairness, equity, and the secular character of the Nigerian state.
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2. Lack of Consultation
Whether transferring schools without input from Muslim stakeholders and other denominations breaches principles of inclusiveness and due process.
3. Validity of Previous Handover
Whether the transfer of institutions such as:
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St. Maria Goretti Girls Grammar School, Benin City
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Annunciation Catholic College, Irrua
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St. Angela’s Girls Grammar School, Uzairue
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Obaseki Primary School, Benin City
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And other listed schools
is null and void for lacking legislative backing and violating constitutional safeguards.
4. Planned Transfer of 36 More Schools
The suit also contests the approval and shortlisting of an additional 36 public schools for possible handover, describing the move as discriminatory and unconstitutional.
Reliefs Sought by Claimants
The Muslim groups are seeking:
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A court injunction halting any further school transfers pending proper legal and consultative processes.
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A declaration protecting staff of diverse religious backgrounds from forced transfers, termination, or compulsory alignment with Catholic Mission policies.
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An order compelling the Edo State Government to retain full control and supervision of all public schools as mandated by the Edo State Education Laws and the Nigerian Constitution.
Court Proceedings
The presiding judge, Justice Ovenseri Aghamieghen Otameri, adjourned the matter to December 9, 2025, after it was revealed that the defendants had not yet filed their responses.
The case is expected to draw national attention as debates over mission school ownership continue across various states.
Background
Governor Okpebholo had recently announced the return of certain mission schools to their original owners, prompting the controversial transfer of select public schools to the Catholic Church. The decision has since sparked tension among religious communities in the state.
