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From Godwin Tsa, Abuja
A member of the Seventh Day Adventist Church has asked a Federal High Court for an order stopping the conduct of the 2023 general elections fixed for Saturday, February 25 as it infringes on his freedom of worship.
The plaintiff, Ugochukwu Uchenwa, who is an elder of the church equally prayed the court to stop the conduct of national examinations like the West African Examination Council, National Examination Council, Joint Admission and Matriculation Board and National Business and Technical Examination Board on Saturdays.
Uchenwa prayed the court to declare the day unconstitutional or in the alternative, he should be allowed vote or write examinations on any day of the week.
Defendants in the suit are President Muhammadu Buhari, the attorney-general of the federation, the Independent National Electoral Commission, INEC, the Minister of Internal Affairs, Joint Admission and Matriculation, the National Examination Council, the West African Examination Council and National Business and Technical Examination Board.
When the matter came up yesterday, Counsel to the plaintiff, Mr Benjamin Amaefule, told the court that all the defendants have served with the court process except NECO.
According to him, he was at a loss as to why the defendants were not in court.
The judge adjourned the case to March 15, 2023, for hearing.
In the originating summon, the plaintiff is praying the court for a declaration that the schedule of elections in Nigeria by the respondents on Saturdays, the “Sabbath Day” is a violation of fundamental rights of Freedom of (a) Conscience, profession and free practice of Faith and (b) 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 (a) Freedom of Conscience, profession and free practice of Faith of the members of the Seventh Day Adventist Church Nigeria and Right to freedom of education of the Applicant and the members of the Seventh Day Adventist Church Nigeria.
An order of this Honourable court Restraining the 4th Respondent from further violating the Rights of member of the Seventh Day Adventist Church in Nigeria by holding elections on Saturdays or in the Alternative Order the 4th Respondent to mark out a different day for the members of the Seventh Day Adventist Seventh Day Church Nigeria Nigeria to participate in their own election if the 4th Respondent cannot schedule and hold the elections on a day other than on Saturdays.
An order of this honourable court restraining the 5th to 8th respondents from scheduling and conducting compulsory public exams on Saturdays, without making an option for the members of the Seventh Day Adventist Church Nigeria to write their exams on days other than Saturday.
