Court rules on suit seeking to stop Saturday elections, exams March 20

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 of the Federal High Court fixed the date on Wednesday after listening to the arguments for and against the suit.

The suit was instituted by an elder in the Seventh-day Adventist Church, Ugochukwu Uchenwa.

Listed as defendants in the suit are the President, the Attorney-General of the Federation, the Independent National Electoral Commission, and the Minister of Interior.

Others 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.

The plaintiff told the court that fixing elections and examinations on Saturdays violated his rights and that of other members of the church to freedom of worship.

Uchenwa is praying 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 sit for examinations on any other day of the week, including Sundays.

At Wednesday’s hearing, counsel for the plaintiff, 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.

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.