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Court fixes March 20 to decide whether elections, exams can hold Saturdays

Ademola Damilola by Ademola Damilola
January 11, 2024
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Court fixes March 20 to decide whether elections, exams can hold Saturdays
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A Federal High Court in Abuja has scheduled March 20, 2023, as the date for delivering judgment in a case brought by Mr. Ugochukwu Uchenwa, a member of the Seventh-day Adventist Church. Uchenwa is seeking to halt the scheduling of elections and examinations on Saturdays, a day considered sacred by his religious beliefs.

Justice James Omotosho set the date after hearing arguments from both sides in the case. Uchenwa, an elder of the Seventh-day Adventist Church, filed the lawsuit, asserting that conducting elections and exams on Saturdays infringes upon his and fellow church members’ rights to freedom of worship.

In his plea to the court, Uchenwa is requesting a declaration that scheduling elections and examinations on Saturdays is unconstitutional. As an alternative, he is seeking an order for himself and other church members to be allowed to vote or take exams on any other day of the week, including Sundays.

The defendants in the case include the President, the Attorney-General of the Federation, the Independent National Electoral Commission (INEC), and the Minister of Internal Affairs. Other defendants are the Joint Admission and Matriculation Examinations (JAMB), the National Examination Council (NECO), the West African Examination Council (WAEC), the National Business and Technical Examination Board, the Council of Legal Education, and the Ministry of Education.

During the recent court hearing, Mr. Benjamin Amaefule, counsel to the plaintiff, emphasized that Uchenwa is seeking the enforcement of his fundamental right to freedom of education and freedom to participate in elections. Amaefule argued that scheduling exams and elections on the “Sabbath day” violates the rights of the Seventh-day Adventist Church members.

He requested several reliefs from the court, including a declaration that fixing exams on Saturdays is unconstitutional and a violation of freedom of conscience and faith. Additionally, he urged the court to issue an order restraining INEC from holding elections on Saturdays, further protecting the rights of Seventh-day Adventist Church members.

Safinat Lamidi, representing the Joint Admissions and Matriculation Board (JAMB), filed a preliminary objection, seeking the dismissal of the suit on the grounds that the court lacks jurisdiction.

Notably, absent from the court proceedings were the Minister of Internal Affairs, INEC, NECO, National Business and Technical Board, Council for Legal Education, and the Ministry of Education. Justice Omotosho, after confirming that they were duly notified, proceeded with the hearing and set March 20 for the delivery of judgment.

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