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Same-sex marriage: Nigeria Bar Association reacts to Samoa agreement controversy

The FrontierThe FrontierJuly 9, 2024 7812 Minutes read0

•Nigerian lawyers

The Nigerian Bar Association (NBA) has said Nigeria does not recognise same-sex marriage, following the controversy that recently surrounded the Samoa agreement.

A statement signed by the President of the NBA, Yakubu Maikyau, said contrary to widespread belief raging across the country, there was no provision in the agreement which requires Nigeria to accept LGBTQ or gay rights as a pre-condition for a loan of $150bn.

It said, “Instead, the agreement was expressly made subject to the local laws and the sovereignty of the contracting nations.

“That is to say, the SAMOA agreement recognises, for instance, Nigeria’s Same Sex Marriage (Prohibition) Act, 2023 and of course, the Supremacy of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

The association argued that if the agreement had mandated Nigeria to sign as being part of the LGBT rights, the NBA would have since advised the federal government not to enter into any form of partnership that could undermine the sovereignty of the country.

It said, “For the avoidance of any doubt, the SAMOA agreement does not, in any way, seek to compromise our existing legislations or undermine the sovereignty of Nigeria.

“Prior to the signing of the SAMOA agreement, the Hon. Minister of Budget and Economic Planning requested the Nigerian Bar Association (NBA), as a major stakeholder in the polity, to look at the agreement. Consequently, I constituted a committee chaired by Mr. Olawale Fapohunda, SAN, former Attorney General and Commissioner for Justice, Ekiti State and Chairman of the NBA Law Reform Committee, to vet, evaluate and advise on the agreement accordingly.”

The SAMOA Agreement (named after the central South Pacific Ocean country of Samoa, where the agreement was signed), is a broad legal framework between the European Union (EU) member states and more than half of the 79 members of the Organisation of African, Caribbean, and Pacific States (OACPS). It is meant to serve as a basis upon which subsequent specific agreements can be negotiated between the European Union and the federal government, its sub-nationals and/or the Private sector. The agreement covers six main areas, namely: democracy and human rights, sustainable economic growth and development, climate change, human and social development, peace and security, and migration and mobility.

He called on the government, to continue with the public enlightenment already being undertaken and for other stakeholders to join in doing so, to counter the negative perception being promoted on the agreement.

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