Uchenwa is also seeking a court order stopping the conduct of examinations on Saturdays, arguing that it violates his fundamental rights to freedom of worship as a citizen.
Ahead of the February 25 presidential election, a member of the Seventh-day Adventist Church, Ugochukwu Uchenwa, has filed legal action before a Federal High Court, Abuja, seeking an order to stop the conduct of elections on Saturdays.
The News Agency of Nigeria reports that Uchenwa is also seeking a court order stopping the conduct of examinations on Saturdays, arguing that it violates his fundamental rights to freedom of worship as a citizen.
He asked the court to declare the fixing of elections and examinations on Saturdays unconstitutional.
In the alternative, the plaintiff asked the court to 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 are President Muhammadu Buhari, the Attorney-General of the Federation, the Independent National Electoral Commission, (INEC) and the Minister of Internal Affairs.
Others are the Joint Admission and Matriculation Examinations (JAMB), National Examination Council (NECO), West African Examination Council, (WAEC) and the National Business and Technical Examination Board.
When the matter was called on Thursday, only the counsel for the plaintiff, Benjamin Amaefule, was present in court.
Mr Amaefule told the court that the defendants had been served with the court processes except for NECO.
The lawyer told the court that he was at a loss as to why none of the defendants was in court.
Justice James Omotosho adjourned the matter until March 15 for a hearing and to allow the plaintiff to serve NECO the court processes.
In the originating summons, the plaintiff is asking the court for a declaration 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 order, INEC to mark out a different day for the members of the church to participate in their own election if the INEC cannot schedule and hold the elections on a day other than on Saturdays.
“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.”