2019: Seventh Day Adventist Sues INEC, FG Over Saturday Voting

The applicants in the matter, Chief Emeka Anyabelem, Elder
Asonye Onwudebe, Felix Minikwu and Chinedu Omesurum, said
conducting elections on Saturday amounts to the 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 to 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 to 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 the fixing of poll dates on Saturdays and urged the
government to shift election days to enable its members to
participate.

Also, the church called on the former INEC chairman, Attahiru
Jega, to reconsider changing the election timetable to enable its
members to participate in the exercise.