%Y SEVENTH-DAY ADVENTIST | ‘#tsrverromston
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Our Ref: WNUC AMO/007/2024 Your Ref: pate, &" April, 2024
The Chairman,
National Assembly Committee on the Review/Alteration of the Constitution of
the Federal Republic of Nigeria 1999,
National Assembly Complex,
Abuja.
Dear Sir,
MEMORANDUM _ ON THE AMENDMENT/ALTERATION OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999, WITH
REGARDS TO ORGANISING AND HOLDING OFFICIAL EVENTS ON
FRIDAYS, SATURDAYS AND SUNDAYS.
IN RE: DEMAND BY HOLY SABBATH DAY WORSHIPPERS
We commend the leadership and the entire members of the National
Assembly on the patriotic act of amending the Constitution of the Federal
Republic of Nigeria 1999. You have also exhibited your commitment to
democracy by calling for memoranda from Nigerians on the proposed
amendment/alteration of the Constitution of the Federal Republic of Nigeria,
1999. For us the Seventh-day Adventists, and indeed over two million
Sabbath keeping Christians, this is a rare opportunity to present our position
‘on the continual denial and deprivation of our fundamental rights, and
particularly the freedom of religion.
BACKGROUND:
Fundamental rights are inalienable rights given to every human being by God
at creation. They are what make every person human. They are not created
by nations, states and countries and cannot be taken away by them. The
United Nations Declaration of Human Rights of December 10, 1948, statedthem. Several international instruments and conventions guarantee them.
These include the International Covenant on Civil and Political Rights which
entered into force on March 23, 1976, the African Charter on Human and
Peoples’ Rights (Ratification and Enforcement) Act Cap 10 Laws of the
Federation of Nigeria 2004,
Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 (as
amended), guarantees fundamental rights by providing for them. Section 38
of the Constitution of the Federal Republic of Nigeria 1999 guarantees
freedom of thought, conscience and religion. That Section provides as
follows:
1, Every person shall be entitled to freedom of thought, conscience and
religion, including freedom to change his religion or belief, and freedom
(either alone or in community with others, and in public or in private) to
manifest and propagate his religion or belief in worship, teaching,
practice and observance.
2. No person attending any place of education shall be required to receive
religious instruction or to take part in or attend any religious ceremony
or observance if such instruction ceremony or observance relates to a
religion other than his own, or religion not approved by his parent or
guardian,
3. No religious community or denomination shall be prevented from
providing religious instruction for pupils of that community or
denomination in any place of education maintained wholly by that
community or denomination.
4. Nothing in this section shall entitle any person to form, take part in
the activity or be a member of a Secret Society.
Infringements of the freedom of religion are in the form of fixing National
events on the holidays and rest days of known religions in Nigeria. The
relevant days are Fridays (For Muslims), Saturdays (For Sabbath Keepers)
and Sunday's (For Sunday Christian Observers). The Ramadan days, and lent
period, Easter and Christmas days are inclusive.Also affected are public examinations like the National Common Entrance,
Joint Matriculation Examinations, WAEC Examinations, NECO Examinations
when they are held on holy or rest days and in particular Saturdays. These
denials of our youths the enjoyment of this basic right so early in life leaves
them with negative impression about the state. Apart from Examinations,
other compulsory civic activities like voting, environmental sanitation; National
Census, etc are also fixed on Saturdays. Usually, movement is restricted with
severe consequences to any violation. Where National events are fixed on
these days, adherents of these religions are automatically deprived of
participation, particularly when they fall on Sabbath days (Saturday).
One of the cardinal beliefs of the Sabbath keeping Christians is the sanctity
of the Sabbath (Saturday). This belief is hinged on the Biblical injunction to
keep the Sabbath day holy as recorded in the Bible in the book of Exodus
Chapter 20 verses 8-11, is the 4th of the 10 commandments thus:
> Remember the Sabbath day to keep it Holy. Six days you shall labor
‘and do all your work but the Seventh day is the Sabbath of the Lord
your God: in it you shall not do any work, you or your son or your
daughter, your male. or female servant or your cattle or your sojourner
who stays with you. For in six days the Lord made the heavens and the
earth and the sea and all that is in them, and rested on the Seventh
day: Therefore the Lord blessed the Sabbath day and made it Holy.”
> The Bible provides for the sanctity of the sabbath day in Genesis 2:1~
3; Genesis 16; Exodus 31:14-18; Nehemiah 13:15-22: Ezekiel 20:12-
20; Isaiah 56, 58, 66:22; Matthew 12:12, 5:17-19; Luke 4:16,
23:50-24:1; Acts 13:42-44, 16:13, 17:2, 18:4, amongst others.
We urge your Committee to note that we had earlier made these
presentations at the Honourable Justice M. L. UWATIS (Retired Chief Justice
of Nigeria), Committee on Electoral Reforms and it was accepted. The
Committee in its Report, departed from recommending fixing elections on
weekends and particularly Saturdays. On Date of Election the Committee in
page 129 of the Report said:"3.9 Date for Elections.
Section 26 the Electoral Act 2006 empowers INEC to appoint days for elections
into the offices of President, Vice President, Governor, Deputy Governor, Senate,
House of Representative, House of Assembly of a State, Chairman, Vice Chairman
and membership of an Area Council
The fixing of date for elections should not be left to the discretion of INEC, It
would be preferable for election dates to be provided in the Constitution.
4,3.10 Recommendation
(a) Amend Section 26 of the Electoral Act 2006 to take away from INEC the
power to appoint dates for elections. Also amend the Constitution to fix dates for
elections which should hold at least six months before the date of swearing in to
provide adequate time for concluding all election petitions before swearing in of
elected candidates.
(6) The Presidential and Gubernatorial elections should take place in the first
week of November of the election year;
Friday, Saturday and Sunday excluded in deference to the religious feelings
of Moslems, Seventh-Day Adventists and Christians respectively.
The elected Chief Executives should be sworn-in in May the following year, an
interval of six months to allow for the disposal of election petitions arising from
the elections.”
We are of the view that the wisdom of this Uwais Panel cannot be faulted,
having regard to the depth of experience, diversity, qualifications and
integrity of its membership.
We further urge your Committee to heed the wise Counsel of the late patriot
and sage who was the then Chairman, National Population Commission, Alhaji
Shehu Musa, published and contained in The Guardian Newspaper of
Saturday, July 27, 1991 that National Census would hold on week days, "To
avoid weekends that have religious connotation”. According to him “the
decision was informed by decision, evidence and logic that many religious
sects observed Friday, Saturday or Sunday as their holidays.”OUR REQUEST
We propose that in compliance with the United Nations Declaration on the
Elimination of all Forms of Intolerance and Discrimination Based on Religion or
Belief 1981, that the following be included as either a subsection or a proviso
to Section 38 of the Amended Constitution of the Federal Republic of Nigeria
1999, thus:
. vided that due account shail be taken of Prescription of each
religion to holidays or days of rest.”
Or
2. That official events shall not be held on Fridays, Saturdays and
Sundays. Where any official event is held on a Saturday, sabbath day
observers and keepers shall be exempted.
SUB-SECTION
Adopting Article 6(h) of the UN Declaration on the Elimination of All forms
of Intolerance and of Discrimination Based on Religion or belief 1981 as
follows; -
Section 6. “In accordance with article 1 of the present Declaration, and
subject to the provisions of article 1, paragraph 3, the right to freedom of
thought, conscience, religion or belief shall include, inter alia, the following
freedoms”
6(h) To observe days of rest and to celebrate holidays and ceremonies in
accordance with the precepts of one's religion or belief.
These provisions are consistent with the intendment and spirit of the
following: -
1. Nigerian Constitution (Presently subject to amendment)
2. United Nations Declaration of Human Rights.
3. African Charter on Human and People's Rights.
4, The International Covenant on Civil and Political Rights.
Ow case is that Elections should not be held on Fridays to enable Muslim Faithfuls
worship on thei sacred day. Elections should not also be held on Saturdays to enable the
Sabbath Keeping Christians worship and Elections should not be held on Sundays to enable
Sunday Faithfuls worship.11 is our view that elections are very serious events that deserve to be held on week days to
enable general and unhindered participation. It is for this reason inter alia, that developed
and developing nations all over the world hold their public events and elections on
weekdays:
The present adherence to Saturday voting in Nigeria is inexplicable in view of
the fact that elections are conducted week days in most other major
democratic nations. The United States for instance votes for the President
on the 2nd Tuesday of the month of November. In United Kingdom, in Ghana
elections are held during the week. The practical effect of the proposed
amendment will be that official events shall be held from Monday to
Thursday.
PRAYER
We pray the Almighty God to grant the National Assembly, and your
Committee the Courage and Grace to carry out this assignment in the best
interest of the citizens of this Country with irrevocable guarantee for
fundamental rights and indeed the freedom of religion and worship.
Long live the National Assembly.
Long live the Federal Republic of Nigeria.
are Se te. 6 a
Elder Michael Olusola Olayinka Elder Busayo Sule, Esq.
Director, AMO of WNUC Gen. Secretary, AMO of WNUC