Home Judiciary & CrimeNo provision in SAMOA agreement requires Nigeria to accept LGBTQ rights – NBA

No provision in SAMOA agreement requires Nigeria to accept LGBTQ rights – NBA

by Tobi Benson
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THE Nigerian Bar Association (NBA) clarified that Nigeria does not acknowledge same-sex marriage, in response to the recent uproar surrounding the Samoa agreement.

In a statement signed by NBA President, Yakubu Maikyau, the agreement does not require Nigeria to accept LGBTQ or gay rights as a pre-condition for a loan of $150bn but instead respects each nation’s local laws and sovereignty.

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 NBA emphasized that if the agreement had forced Nigeria to endorse LGBT rights, they would have advised the government against such a partnership that undermines the country’s sovereignty.

It said, “For the avoidance of any doubt, the SAMOA agreement does not, in any way, seek to compromise our existing legislations nor 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.

The NBA urged the government to continue educating the public and encouraged other stakeholders to dispel any misinterpretations surrounding the agreement.

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