A member of the Seventh-day Adventist Church, Ugochukwu Uchenwa has filed a suit against the Federal Government seeking to stop the conduct of elections and examinations on Saturdays in the country.
While he is the applicant, President Muhammadu Buhari, the Attorney-General of the Federation, the Independent National Electoral Commission, (INEC), the Minister of Internal Affairs, Joint Admission and Matriculation Examinations (JAMB), National Examination Council (NECO), West African Examination Council, (WAEC) and the National Business and Technical Examination Board are the defendants in the suit.
The plaintiff is praying the court for an order restraining INEC from further violating the rights of members of the Seventh-day Adventist Church by holding elections on Saturdays.
He also sought an order restraining the 5th to 8th respondents from scheduling and conducting compulsory public examinations on Saturdays, without making an option for the members of the Seventh-day Adventist Church to write their exams on days other than Saturdays
The case which is before a Federal High Court in Abuja was mentioned today before justice James Omotosho.
The judge on Wednesday fixed May 22 for the hearing of the suit.
What transpired in court
Justice Omotoso granted counsel to the President and AGF permission to regularize their processes filed against the suit after his arguments.
The court also granted the same applications by the plaintiff’s counsel, Benjamin Amaefule, and deemed their processes as duly filled and served.
Reliefs sought by the applicant
The applicant through his lawyer argued that conducting elections and examinations on Saturdays violated his fundamental rights to freedom of worship as a citizen and a member of the Seventh-day Adventist Church.
He prayed the court declare the fixing of elections and examinations on Saturdays as unconstitutional.
In the alternative, the plaintiff asked the court to order the defendants to allow him and other members of his church to vote or take examinations on any other day of the week including Sundays.
In his originating summons, the plaintiff sought ” A declaration that the schedule of elections in Nigeria on Saturdays, the “Sabbath day” as observed by members of the Seventh-day Adventist Church, is a violation of his fundamental rights to freedom of worship.
“It is also a violation of conscience, profession, and free practice of faith and right to participate freely in the government of the applicant and that of entire members of the Seventh-day Adventist Church, Nigeria.
“A declaration that the actions of the 5th to 8th respondents fixing examinations on Saturdays, a “Sabbath day of the Lord” is a violation of the fundamental rights of freedom of conscience, profession and free practice of faith of the members of the Seventh-day Adventist Church Nigeria. “It is also a violation of the right to freedom of education of the applicant and the members of the Seventh-day Adventist Church Nigeria.”
