Edo Muslims for Good Governance, EMGG, has filed a legal suit against the Edo State governor, Monday Okpebholo, over the handover of public schools to the Catholic Mission in the state.

reports that Sirajudeen Muhammad and Abdullahi Umar sued the state government on their own behalf and on behalf of EMGG, the registered trustees of the Muslim Students’ Society of Nigeria, MSSN, Edo-Delta Area Council.

The defendants in the case are Governor Monday Okpebholo, the State Commissioner for Education, and the Attorney-General and Commissioner for Justice.

The suit was filed at the Edo State High Court in Auchi.

The case, with suit number HAG/15/2025, challenges the legality of the state government’s decision to hand over public schools to the Catholic Mission.

The claimants are seeking a declaration on whether the exclusive handover of public schools to the Catholic Mission is consistent with Sections 38 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

They are seeking clarifications on “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 the 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 a further 36 public schools for handover to the Catholic Mission is discriminatory and unconstitutional, among other relief sought.”

The group is also seeking an order of perpetual injunction restraining the defendants, their agents, servants or privies, from further handing over or attempting to hand over any public school in Edo State to the Catholic Mission or any other religious denomination without due process of law and equal treatment of all religious communities.

“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,” they requested.

The claimants argued that the purported handover of public schools, established, funded and maintained with public resources, to the Catholic Mission without a law duly enacted by the Edo State House of Assembly constitutes an unconstitutional usurpation of legislative powers vested in the House of Assembly.

They also asserted that public schools in Edo State are funded by taxpayers’ money, and no single denomination can claim exclusive ownership without due legislation.

The claimants avowed that the unilateral handover to the Catholic Mission violates the secular character of the Nigerian State, as entrenched in the Constitution.

“Muslim students, staff, and parents are unfairly discriminated against, contrary to Section 42 of the Constitution. Freedom of religion under Section 38 of the Constitution is breached where pupils and staff are compelled to receive denominational control in public schools. Staff of diverse denominations face uncertainty in their employment status, discrimination in postings, and violation of their rights to equal treatment,” they added.

At the hearing, counsel for the defendants informed the court that they have yet to file responses challenging the legality of the government’s decision.

Justice Ovenseri Aghamieghen Otameri adjourned the case to December 9, 2025, for hearing.