A Muslim organization in Edo State, Edo Muslims for Good Governance (EMGG), has filed a lawsuit against the state governor, Monday Okpebholo, over the alleged handover of several public schools to the Catholic Mission.
The case, filed at the Edo State High Court in Auchi, has stirred a growing debate about religious fairness, education policy, and the secular nature of the Nigerian state.
The plaintiffs, Sirajudeen Muhammad and Abdullahi Umar, instituted the case on behalf of the EMGG and the Muslim Students’ Society of Nigeria (MSSN), Edo-Delta Area Council. They are seeking judicial intervention to halt what they describe as a discriminatory and unconstitutional action by the state government.
The defendants listed in the suit include Governor Monday Okpebholo, the Commissioner for Education, and the Attorney-General and Commissioner for Justice of Edo State.
The case, which has been assigned suit number HAG/15/2025, is being presided over by Justice Ovenseri Aghamieghen Otameri, who has adjourned the matter to December 9, 2025, for hearing.
The controversy began after reports emerged that the Edo State government had started handing over several public schools to the Catholic Mission.
Among the institutions already affected are 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.
The policy reportedly aims to return certain schools that were originally established by Christian missions before they were taken over by government during the 1970s education reforms across Nigeria.
However, the Muslim group argues that this selective handover favours one religious denomination and excludes other stakeholders, which they claim violates Sections 38 and 42 of the 1999 Constitution (as amended).
Section 38 guarantees the freedom of thought, conscience, and religion, while Section 42 prohibits discrimination on the grounds of religion, ethnicity, or gender.
In their legal documents, the claimants are asking the court to determine whether the exclusive handover of public schools to the Catholic Mission — without consulting Muslim leaders or other denominations — violates the principles of fairness, equity, and the secular character of Nigeria.
They are also seeking a declaration that the handover of publicly funded schools without a law enacted by the Edo State House of Assembly amounts to an unconstitutional usurpation of legislative power.
“Public schools in Edo State were established, built, and maintained with taxpayers’ money. No single denomination can claim ownership or control without proper legal backing,” the plaintiffs argued.
The group added that the move by the state government could lead to discrimination against Muslim students and teachers in the affected schools.
“Muslim students, staff, and parents are unfairly treated, contrary to Section 42 of the Constitution. Freedom of religion is breached when pupils and staff are subjected to denominational control in public schools,” they said.
The EMGG is also asking the court to issue an order of perpetual injunction restraining the government, its agents, or representatives from further handing over or attempting to hand over any public school to any religious group without due process and consultation.
They also want the court to declare that staff of different religious backgrounds working in those schools have a right to protection from arbitrary transfer, termination, or forced conversion of service under the Catholic Mission.
Additionally, they are requesting that the state government retain full control, supervision, and management of all public schools in line with the Edo State Education Laws and the Constitution.
At the first hearing, the counsel representing the Edo State government informed the court that the defendants had not yet filed their responses to the claims.
Justice Otameri, after listening to both parties, adjourned the case to December 9, 2025, to allow the defendants to respond and for proper hearing to commence.
The lawsuit has ignited discussions about the balance between religion and public education in Nigeria. While some Christian groups support the state’s decision, arguing that the missions originally established these schools and can help improve their standards, many Muslim organizations and civil rights advocates believe such actions threaten the secular foundation of Nigeria’s education system.
Professor Hassan Sule, a constitutional law expert at the University of Benin, noted that the case raises important questions about religious neutrality in governance.
“Nigeria is a secular state by law, even though religion plays a major role in society. The key question here is whether the government followed due process and whether it gave equal opportunities to all religious groups,” he said.
The controversy over mission schools is not new in Nigeria. During the 1970s, the military government took over mission and private schools across the country in a bid to create a unified public education system.
In recent years, several states — including Lagos, Oyo, and Anambra — have seen requests from religious organizations for the return of schools originally founded by them. Some states have complied, while others have maintained full control, citing concerns about equity and inclusiveness.
In Edo State, however, the Muslim community claims that the current policy was introduced without consultation with stakeholders from other religious groups.
“No one is against partnership with religious bodies, but such actions must be inclusive and transparent,” said Sirajudeen Muhammad, one of the plaintiffs.
“If Catholic schools are being returned, then Islamic and other faith-based groups should be given equal consideration. That is what fairness means in a multi-religious state.”
Some parents welcomed the decision, saying mission schools have a reputation for better discipline and academic performance. Others fear the move could limit access to education or create divisions among students of different faiths.
Mrs. Rebecca Igbinedion, a parent in Benin City, said,
“If the Catholic Mission can run these schools better, that’s fine. But government must make sure it does not turn public schools into religious ones.”
However, Abdulrahman Yusuf, a teacher in Auchi, disagreed.
“This is not about performance; it’s about fairness. Public schools belong to everyone, and no single religion should control them,” he said.
As the case proceeds, all eyes are now on the Edo State High Court to decide whether the government acted within its constitutional powers.
