Same sex mar­riage suit: Court fixes April 28 for hear­ing

Daily Trust - - FEATURE - By Ade­lanwa Bamg­boye

A Federal High Court in Abuja presided over by Jus­tice Ab­dul Ka­farati has fixed April 28 for def­i­nite hear­ing in the suit chal­leng­ing the le­gal­ity of the Same Sex Mar­riage (Pro­hi­bi­tion) Act, 2013.

The plain­tiff, Mr. Te­riah Joseph Ebah, is ask­ing the court to stop the federal govern­ment from im­ple­ment­ing the act.

In an orig­i­nat­ing sum­mons, the plain­tiff’s coun­sel, Mr. Mike Ena­horo, is seek­ing a dec­la­ra­tion that the Same Sex Mar­riage (Pro­hi­bi­tion) Act 2013, vi­o­lates the cit­i­zens fun­da­men­tal rights.

He is ask­ing the court for a dec­la­ra­tion that the pro­vi­sions of the Same Sex Mar­riage (Pro­hi­bi­tion) Act, 2013 par­tic­u­larly sec­tions 1(1) (a) &(b),(2), 2(1) &(2) and 3 con­tra­vene the fun­da­men­tal rights of cit­i­zens as en­shrined in Sec­tion 42 (1)(a) & (b) of the 1999 Con­sti­tu­tion and Ar­ti­cles 2,3 (1) and (2), 19 and 29 of the African Char­ter on Hu­man and Peo­ples’ Right (Rat­i­fi­ca­tion and En­force­ment) Act, Cap A9, Laws of the Fed­er­a­tion of Nigeria, 2004, and is ac­cord­ingly un­con­sti­tu­tional, null and void.

The plain­tiff also wants the court to de­clare that the pro­vi­sions of the act vi­o­late sec­tions 37, 38 and 40 of the con­sti­tu­tion.

He there­fore seeks an or­der of per­pet­ual in­junc­tion re­strain­ing the federal govern­ment from en­forc­ing the pro­vi­sions of the Same Sex Mar­riage (Pro­hi­bi­tion) Act, 2013 par­tic­u­larly sec­tions 1,2,3,4 and 5 of the said Act.

The plain­tiff had asked the court to de­ter­mine whether the pro­vi­sions of the act do not vi­o­late cit­i­zens rights as pro­vided for by the con­sti­tu­tion.

He fur­ther asked the court to de­ter­mine whether the act is not an im­ped­i­ment and con­sti­tut­ing dis­abil­i­ties to cit­i­zens’ fun­da­men­tal hu­man right.

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