…Head to Appeal Court
Justice James Kolawole Omotoso of the Federal High Court sitting in Abuja on Wednesday dismissed a suit instituted by the Seventh Day Adventist Church of Nigeria seeking the prohibition of the conduct of elections and examinations on Saturdays in Nigeria.
The court held that the suit which sought to enforce Adventists’ members fundamental rights was frivolous, vexatious, irritating, baseless and lacking in merit.
Justice Omotoso said that the respondents in the suit particularly the Independent National Electoral Commission, INEC ,and West African Examination Council WAEC, did not infringed on fundamental rights of members of Seventh Day Adventist Church, as they claimed in the suit, because the right to freedom of thoughts is not absolute.
He further held that elections are conducted every four years in the country and Seventh Day Adventist Church are minority in number compared to other religion sets in the country. Their choice to worship on Saturday can not override the choice of the majority of Christians who worship on Sunday.
Justice Omotoso also held that voting is a personal choice adding that granting the Seventh Day Adventist Church application will amount to enthroning Adventist above all other religion in the country.
He said that emphasis should be placed on achieving 17 Millennium Goals that promotes developments instead of misplaced personal freedom of thought.
The church had claimed that Saturday is its Sabbath day of worship and that fundamental rights of its members are being brutally breached by the conduct of elections and examinations on Saturdays.
The plaintiff then sought order of the Court to prohibit the Federal Government of Nigeria from further conducting elections and examinations on the Sabbath day so as to stop disruption of their rights to worship.
However, Justice Omotoso, in his judgment held that the fundamental rights being claimed by the church were not at large and can be curtailed by government policy.
Speaking after the judgement was delivered , counsel to the plaintiff, Benjamin Ahaemefule said that his client was heading to the Court of Appeal to further test the law.
Ahaemefule said that although his client had victory in some aspects of the suit, they lost in the main suit hence the need to approach the appellate court.
“The court agreed with us that it has jurisdiction to hear our matter.
“The court also agreed with us that elder
Ugochukwu Uchenwa has the locus standi to institute the action for the enforcement of his fundamental rights and those of the entire members of the Seventh-day Adventist church Nigeria.
“The court agreed with us that the rights of the adventists are breached.The court, however, refused to enforce our right saying that adventists are minority and not in majority.
“The court held that although our rights are infringed upon, the infringement is legally necessary and justifiable.
“So the court refused to grant our substantive request because it said that granting it will open a flood gate of litigation by other citizens of Nigeria who will come out to enforce their own rights.”
The lawyer said the court erred in law when it said that although the adventists had a cause of action and their rights had been infringed upon, such infringement was justified.
“The court erred in law, when it held that although the adventists have cause of action but that right can not be enforced because the adventists are in the minority,” the lawyer said.