The Federal High Court in Abuja has set May 22 for the hearing of a lawsuit brought by Seventh-day Adventist Church member Ugochukwu Uchenwa to stop the holding of elections and tests on Saturdays.
The Federal Government’s counsel, Osasogie Uwaifo, and the Attorney-General of the Federation, AGF, requested an extension of time to regularize their procedures, and the court granted their request at the resumed hearing on Wednesday.
The court also granted the same request made by Mr. Benjamin Amaefule, the plaintiff’s attorney, and it was determined that their processes had been properly filed and served.
The case was then postponed until May 22 for a hearing by the judge, Justice James Omotosho.
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The Independent National Electoral Commission, INEC, the Minister of Internal Affairs, and President Muhammadu Buhari are named as defendants in the lawsuit.
The National Examination Council, NECO, West African Examination Council, WAEC, and the National Business and Technical Examination Board, NBTEB are some additional examinations.
Mr. Uchenwa, the plaintiff, claims that scheduling elections and exams for Saturdays violates both his right to freedom of religion and his rights as a citizen.
He asked the court to deem it unconstitutional for elections and tests to be scheduled on Saturdays.
As a backup, the plaintiff requested that the court order the defendants to permit voting or exam writing on any other day of the week, including Sundays.
According to the News Agency of Nigeria (NAN), the plaintiff is asking the court for a declaration that the timing of Nigeria’s elections on Saturdays—the “Sabbath day”—violates his fundamental rights to freedom of worship.
Additionally, it is a violation of the applicant’s right to free participation in government as well as the rights of all members of the Seventh-day Adventist Church of Nigeria.
“A declaration that the actions of the fifth through eighth respondents in scheduling exams on Saturdays, a “Sabbath day of the Lord,” constitute a violation of the members of the Seventh Day Adventist Church of Nigeria’s fundamental rights to freedom of conscience, profession, and free exercise of faith.
The applicant’s and the Seventh-day Adventist Church of Nigeria members’ rights to educational freedom were also violated, the plaintiff claimed.
The plaintiff requested a court order prohibiting INEC from continuing to hold elections on Saturdays in violation of the rights of Seventh-day Adventist Church members.
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If INEC is unable to schedule and hold the elections on a day other than Saturdays, order INEC to mark out a different day for church members to participate in their own elections.
“An order prohibiting the fifth through eighth respondents from scheduling and holding required public exams on Saturdays, without allowing Seventh-day Adventist Church members the option to write their exams on days other than Saturdays.
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