An Osun State High Court has struck out the application for stay of execution filed by the Christian Association of Nigeria (CAN) in the state against the judgment which allowed Muslim students to wear hijab in all public schools in the state.

The application was struck out by Justice Jide Falola on Tuesday following the filing of another stay of execution before the Court of Appeal sitting in Akure by the CAN.

Counsel for CAN,  Ayo Laogun, informed the High court that his client had filed a fresh application for stay of execution before the Court of Appeal, Akure.

He applied to withdraw the application for stay of execution, saying, “in view of Order 4 Rules 10 & 11 of the Court of Appeal Rules 2011, the lower court can not take the application.”,

Counsel for Rauf Aregbesola, Ministry of Education and three others, Mr. Jide Obisakin, did not raise any objection to the withdrawal of the application.

The case was subsequently struck out by Justice Falola.

The Chairman of the CAN in the state,  Rev. Elisha Ogundiya, has called on Christians across the state to be law-abiding as they await the determination of the case before the appellate court.

He said the Christian body would pursue the matter to a logical conclusion and urged his members to be “vigilant and prayerful for a successful conclusion of the suit at the appellate court.”

On July 8, Justice Falola had advised lawyers of both parties in the case to warn their clients against destabilising the judiciary.

Falola said, “I want to draw your attention to an issue, I want you lawyers to admonish your clients not to use religion to destabilise the judiciary. Judges have religions they chose to have and some don’t have.

“Shopping for a particular type of judge to handle your case based on their religions is deplorable and should be condemned. Judiciary is a temple without bias. We deal with the law and religions are dropped at the gate of the courts.