Justice James Omotosho of the Federal High Court Abuja, has fixed March 20, to deliver judgment in a suit instituted by a member of the Seventh-Day Adventist Church, Mr Ugochukwu Uchenwa, praying for an order stopping the conduct of elections and examinations on Saturdays.
Justice Omotosho fixed the date after counsel in the matter argued and adopted their final addresses.
Uchenwa, an elder of the Church based the suit on the grounds that holding elections and examinations on Saturdays breached his fundamental rights to freedom of worship and that of other members of the Church.
Defendants in the suit are the President, the Attorney-General of the Federation, the Independent National Electoral Commission, and the Minister of Internal Affairs.
Others are the Joint Admission and Matriculation Examinations, the National Examination Council, West African Examination Council, the National Business and Technical Examination Board, Council of Legal Education and the Ministry of Education.
At Wednesday’s hearing, counsel to the plaintiff, Mr Benjamin Amaefule argued that his client was only seeking an enforcement of his fundamentals right to freedom of education and freedom to participate in elections.
Among others, Amaefule said the plaintiff wants 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 examinations and elections on the “Sabbath day of the Lord ”, was also a violation of right to freedom of education of the applicant and the members of the Seventh-day Adventist Church Nigeria.
Responding on behalf of the President and the AGF, Maimuna Shiru opposed the suit, and prayed the court to dismiss the suit for lacking in merit.
On his part, counsel to WAEC, Mr Friday Chorio argued that Nigeria was a circular state and has not adopted any religion as its own.
Chorio said, the Constitution provides that Nigeria shall not adopt any religion as its own.
“In this circumstance, the plaintiff is seeking for 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 holidayw. 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.”
For the Joint Admissions and Matriculation Board, (JAMB), 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 Internal Affairs, 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 appearance on their behalf.
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.
Recall that the plaintiff is praying the court to declare the fixing of elections and examinations on Saturdays as unconstitutional.
In the alternative, he is prayinf 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.
The plaintiff also asked the court to declare that the actions of the 5th to 8th respondents fixing examinations on Saturdays, a “Sabbath day of the Lord” was unconstitutional.
“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”.
He prayed 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.
