BEVERLY HILLS, October 22, (THEWILL) – A suit seeking to challenge the legality of the Same-Sex Marriage (Prohibition) Act 2013 was Wednesday quashed by a Federal High Court sitting in Abuja.
The suit file by Mike Enahoro Ebah had questioned the constitutionality of the Same-Sex Marriage (Prohibition) Act, saying it violated the fundamental human rights of Nigerians as protected by the country’s constitution and the African Charter on Human and Peoples’ Rights.
When quashing the suit on Wednesday, Justice Abdul Kafarati upheld the preliminary objection by the Federal Government that the plaintiff lacked the requisite locus standi to sue on behalf of other Nigerians.
The judge further held that the plaintiff had not showed enough evidence to the court that he had suffered or about to suffer from the implementation of the Act as required by law.
“There is no doubt that fundamental rights derived from the constitution but law or provision of any law must be in conflict with the provisions of the constitution.
“This is a fundamental right action and the applicant must show that he has suffered from the action of the defendant or is about to suffer an injury.
“The applicant in this case has no locus standi to sue on behalf of Gay, Lesbian, Bisexual or Transgender Community (LGBT).
“In the final analysis, the case is accordingly struck out,” Justice Kafarati ruled.
In an affidavit submitted before the court, the plaintiff had deposed “that Nigerians, particularly those whose sex is gay, lesbian, bisexual or transgender are by natural design, biologically and physiologically, without any fault of theirs, share unique sexual orientation.”
He also deposed that : “I know as a fact that there is a constitutional provision in Nigeria which forbids discrimination against any Nigerian on the basis of their sex, community and/or circumstances of their birth.
“That I know as a fact that the recently assented Same Sex Marriage (Prohibition) Act, 2013, by the President Jonathan violates the Nigerian Constitution which forbids discrimination against any Nigerian by virtue of their sex, community and/or circumstances of their birth. …
“That I know as a fact that Individuals do not choose their sexual orientation, be you straight, gay, lesbian or bisexual. It is not a matter of choice. You are who you are. By circumstance of our Birth, we are born straight, gay, lesbian, bisexual or transgender.
“That I know as a fact that the sexual orientation of a citizen of Nigeria does not impair upon his or her ability to participate fully in all economic and social activities and/or institutions in Nigeria or elsewhere in the world.”
The plaintiff also accused advocates of the new law of attempted genocide, stating: “That I am aware that since the inception of Same Sex Marriage (Prohibition) Act, 2013, an estimated number of about Thirty Eight (38) Nigerians have been arrested in about four (4) states of the federation on the basis of their sexual orientation.
“That I am aware that in Bauchi alone, an estimated number of about 12 Nigerians were arrested and subjected to prosecution on the basis of their sexual orientation.
“That I verily believe that this arrest, persecution and prosecution of these Nigerians is an attempt at genetic genocide meant to exterminate these Nigerians.”
