Court Permits Buhari, AGF to Reply Suit against Holding Elections, Exams on Saturdays

Justice James Omotosho of a Federal High Court in Abuja, has permitted President Muhammadu Buhari and the Attorney General of the Federation (AGF), to regularise their processes in a suit seeking to stop the conduct of elections and examination on Saturdays.

The court’s nod was sequel to an application by their lawyers, Mr. Osasogie Uwaifo.

Justice Omotosho also granted same application by the plaintiff’s counsel, Benjamin Amaefule and deemed their processes as duly filled and served.

Having granted the application for the regularisation of processes of the parties, Justice Omotosho subsequently fixed May 22, for hearing.

The plaintiff, Ugochukwu Uchenwa, had dragged the federal government to court over the holding of elections and examinations on Saturdays, on grounds that it violates his fundamental rights to freedom of worship as a citizen and a member of the Seventh-day Adventist Church.

He is specifically asking the court to declare that fixing of elections and examinations on Saturdays is unconstitutional.

Uchenwa urged the court to in the alternative, order the defendants to allow him and other members of his church to vote or take examinations on any other day of the week including Sundays.

Listed as defendants in the suit were Buhari, the Attorney-General of the Federation, the Independent National Electoral Commission, (INEC), Minister of Internal Affairs, Joint Admission and Matriculation Examinations (JAMB), National Examination Council (NECO), West African Examination Council, (WAEC) and the National Business and Technical Examination Board.

In the originating summons, the plaintiff is asking the court to declare that the schedule of elections in Nigeria on Saturdays, the “Sabbath day” as observed by members of the Seventh-day Adventist Church, is 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.

“A declaration that the actions of the 5th to 8th respondents fixing examinations on Saturdays, a “Sabbath day of the Lord” 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.

“It is 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 an order restraining INEC from further violating the rights of members of the Seventh-day Adventist Church by holding elections on Saturdays.

In the alternative, that the court should order INEC to mark out a different day for the members of the church to participate in their own election if the electoral umpire cannot schedule and hold the elections on a day other than on Saturdays.

He also wants an order restraining the 5th to 8th respondents from scheduling and conducting compulsory public examinations on Saturdays, without making option for the members of the Seventh-day Adventist Church to write their exams on days other than Saturdays.