Elections, Exams On Saturdays: Court Delivers Judgement March 20

Federal High Court, Abuja has fixed March 20 to deliver judgment in a suit filed by Seventh Day Adventist Church and its member, Mr Ugochukwu Uchenwa, seeking to stop the conduct of elections and examinations on Saturdays.

Justice James Omotosho fixed the date after listening to counsel’s arguments for and against the suit.
The plaintiff, Uchenwa, who is an elder of the church, filed the suit on the grounds that fixing elections and examinations on Saturdays violated his rights and that of other members of the church, to freedom of worship.
He prayed the court to declare the fixing of elections and examinations on Saturdays as unconstitutional.
In the alternative, the plaintiff prayed the court to order the defendants to allow him and other members of his church to vote or write examinations on any other day of the week including Sundays.

Listed as defendants in the suit are the president, the attorney-general of the federation, the Independent National Electoral Commission (INEC) and the minister of interior.

Others are the Joint Admissions and Matriculation Examinations (JAMB), the National Examination Council (NECO), the West African Examination Council (WAEC), the National Business and Technical Examination Board (NBTE), the Council of Legal Education and the Ministry of Education.

The minister of interior, INEC, NECO, NBTE, Council for Legal Education and the Ministry of Education were absent in court as no counsel announced appearance for them.

However, Justice Omotosho having confirmed that they were duly notified of the hearing date proceeded to hear the matter and subsequently fixed March 20 for judgment.

At yesterday’s hearing, counsel to the plaintiff, Mr Benjamin Amaefule told the court that his client was only seeking an enforcement of his fundamental right to freedom of education and freedom to participate in elections.

Amaefule told the court that his client was seeking, among others, a declaration that the schedule of elections in Nigeria on Saturdays, the “Sabbath day”, was 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”.

He maintained that fixing examination and election on the “Sabbath Day of the Lord” was also a violation of the right to freedom of education of the applicant and the members of the Seventh-day Adventist Church Nigeria.

The plaintiff asked the court for some reliefs including a declaration that the actions of the 5th to 8th respondents fixing examinations on Saturdays, a “Sabbath day of the Lord” was unconstitutional.