Seventh Day Adventist Church To Appeal Rejection Of Lawsuit

The Seventh-day Adventist Church intends to challenge a Federal High Court judgment that declined to halt scheduling exams and elections on Saturdays in Nigeria.
Acknowledging certain victories in the case, including recognition of jurisdiction and standing, the court refused to enforce their rights citing their minority status.
The plaintiff argued that the scheduling infringed upon their fundamental right to observe the Sabbath.

Eko Hot Blog reports that The Seventh Day Adventist Church has indicated its intention to challenge the Federal High Court judgment in Abuja, which recently declined to halt the scheduling of elections and examinations on Saturdays in the country, by taking the matter to the Court of Appeal.

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Addressing newsmen after the verdict pronounced by Justice James Kolawole Omotoso, Benjamin Ahaemefule, the plaintiff’s attorney, stated that they would be pursuing the case in the Court of Appeal to continue challenging the legal aspects.

Despite prevailing in certain facets of the case, Ahaemefule acknowledged the setback in the primary lawsuit, prompting the decision to seek recourse in the higher 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, however, it refused to enforce our rights, saying that Adventists are a 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 held that 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 a cause of action but that right can not be enforced because the Adventists are in the minority,” the lawyer said.

Justice Omotoso had earlier dismissed the suit filed by Ugochukwu Uchenwa, a member of the Seventh-day Adventist Church, seeking to stop the conduct of elections and examinations on Saturdays.

Justice Omotosho held that the suit was frivolous, vexatious, irritating and baseless.

Ugochukwu Uchenwa, an elder of the church, argued in court that scheduling examinations and elections on Saturday infringed upon his and fellow church members’ fundamental right to observe the Sabbath, a day of worship.

The plaintiff requested the court to issue an order preventing the Federal Government from scheduling elections and examinations on Saturdays, aiming to safeguard their right to worship without disruption.

In his ruling, Justice Omotosho stated that the plaintiff’s asserted fundamental rights were not absolute and could be restricted by government policies.

Moreover, the judge said that the Seventh-day Adventist Church was in the minority in Nigeria and its doctrine could not be imposed on the majority of other religious denominations in the country.