The Independent National Electoral Commission (INEC), Federal
Government and the Attorney General of the Federation have been dragged
to court by some elders of the Seventh Day Adventist Church in Rivers
State have dragged over the continuous holding of elections on Saturday,
according to a report by Daily Sun.
The applicants in the matter, Chief Emeka Anyabelem, Elder Asonye
Onwudebe, Felix Minikwu and Chinedu Omesurum, said conducting elections
on Saturday amounts to violation of their rights to worship and
disenfranchisement of other members of their church.
In the suit, PHC/2836/2018, the applicants prayed the court to
declare that holding elections on Saturday, the worship day for the
denomination, is a violation of the Seventh Day Adventist Church members
rights.
The suit read in part: “A declaration that the applicants’
known day of worship being Saturday, they are entitled to their freedom
of religion and worship on Saturdays unhindered or by any means,
whatsoever, under the Constitution of the Federal Republic of Nigeria
1999 (as amended).
“A declaration that the fixing/scheduling of the 2019
presidential and National Assembly elections on Saturday, February 16,
2019, and the governorship and state Assembly elections/Federal Capital
Territory (FCT) council elections on Saturday, March 2, by the first
respondent, in concert with the second and third respondents, constitute
a violation of the applicants’ fundamental rights to freedom of
religion.”
The applicants said their rights being violated are guaranteed
under Section 38 of the constitution of the Federal Republic of Nigeria
1999, and Article 8 of the African Charter on Human and People’s
(Enforcement and Ratification) Act, Cap A9.
The applicants further prayed the court to make an order of
injunction restraining the third defendants, INEC, from conducting the
2019 election as scheduled or scheduling any other elections on
Saturday.
Meanwhile, when the matter came up yesterday, in court, Ahamefule
Owurre, counsel to the applicants, prayed for adjournment, to allow him
reply counter affidavit of the defence on point of law.
He said the desire of the applicants is that elections be fixed
between Monday and Thursday to allow many people participate in the
electioneering process.
However, the trial judge, Justice M. Danagogo, adjourned the matter till December 18, for motions.
In 2011, the church threatened to sue the federal government over
the general election should its members be disenfranchised through
fixing of poll dates on Saturdays and urged the government to shift
election days to enable its members participate.
Also, the church called on the former INEC chairman, Attahiru Jega,
to reconsider changing the election timetable to enable its members
participate in the exercise.