A Federal High Court in Abuja has fixed March 20 for judgment in a suit seeking to stop elections and examinations from being held on Saturdays in the country.
Justice James Omotosho fixed the date after hearing arguments from both sides on Wednesday.
The suit was filed by Ugochukwu Uchenwa, an elder in the Seventh-day Adventist Church. The defendants include the President, the Attorney-General of the Federation, the Independent National Electoral Commission, and the Minister of Interior. Other defendants are the Joint Admission and Matriculation Examinations, the National Examination Council, the West African Examination Council, the National Business and Technical Examination Board, the Council of Legal Education, and the Ministry of Education.
Uchenwa argued that scheduling elections and examinations on Saturdays violated his rights and the rights of other church members to freedom of worship. He is seeking a declaration from the court that such scheduling is unconstitutional. Alternatively, he has requested the court to instruct the defendants to permit him and fellow church members to vote or take exams on any other day of the week, including Sundays.
During Wednesday’s hearing, Benjamin Amaefule, the plaintiff’s counsel, informed the court that his client is merely seeking the enforcement of his fundamental rights to freedom of education and the freedom to participate in elections.
He said, “Fixing examinations and elections 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.
“It 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”.
The plaintiff also asked the court to make an order mandating the first and second respondents (the President and the AGF) to declare Saturdays as public holidays just the same way Sundays are public holidays.
Moreover, he insisted that Sunday was the first day of the week while Saturday was the seventh day of the week, hence the Sabbath day.
Responding on behalf of the President and the AGF, Maimuna Shiru told the court that she filed a 17-paragraph affidavit on behalf of her client in opposition to the suit.
She prayed the court to dismiss the suit for lacking in merit.
On his part, counsel for WAEC, Friday Chorio, argued that Nigeria is a secular state.
According to Chorio, the constitution provides that Nigeria shall not adopt any religion as its own.
“In this circumstance, the plaintiff is seeking an interpretation of the law that Saturday should be fixed as a holy day for the Seventh-day Adventist church.
“We have so many laws that provide for holidays. Section 4 of the Public Holiday Act provides and declares Sunday as a public holiday so government activities cannot take place on Sundays.
“Anybody can adopt Sunday as his or her own holiday so you cannot come to court and ask the court to declare Saturday as a public holiday,” Chorio said.
For the Joint Admissions and Matriculation Board, Safinat Lamidi told the court that she filed a preliminary objection praying the court to dismiss the suit as it lacked the jurisdiction to entertain it.
The Minister of Interior, INEC, NECO, National Business and Technical Board, Council for Legal Education, and the Ministry of Education were all absent in court as no counsel announced an appearance on their behalf.
