FG seeks dis­missal of suit chal­leng­ing anti-gay law

Daily Trust - - NEWS - By John Chuks Azu

The of­fice of the At­tor­ney Gen­eral of the Fed­er­a­tion (AGF) yes­ter­day urged a Federal High Court in Abuja to dis­miss a suit chal­leng­ing the en­force­ment of the Same Sex Mar­riage Pro­hi­bi­tion Act 2013.

Te­riah Joseph Ebah had in the orig­i­nat­ing sum­mons by his coun­sel Mike Ena­horo prayed the court to de­clare the law as null and void for be­ing a vi­o­la­tion of hu­man rights as pro­vided in the Nige­rian Con­sti­tu­tion of 1999 and the African Char­ter on Hu­man and Peo­ples’ Rights.

At the re­sumed hear­ing, AGF’s coun­sel Ti­jani Gazali told the court that the ap­pli­cant has not dis­closed his le­gal stand­ing to sue and how his in­ter­est has been ad­versely af­fected.

He con­tended that the suit is not in con­form­ity with sec­tion 46 (1) of the 1999 Con­sti­tu­tion and thus in­com­pe­tent and ought to be struck out.

How­ever, his ar­gu­ment that the suit, be­ing a fun­da­men­tal rights en­force­ment ac­tion, ought not to be brought be­fore the court was op­posed by the ap­pli­cant’s coun­sel Mike Ena­horo.

Jus­tice Ab­dul Ka­farati, ad­vised Gazali to bring an ap­pli­ca­tion if he wished to raise is­sues of ju­ris­dic­tion of the court.

He con­se­quently ad­journed the suit to May 13 for adop­tion of writ­ten ad­dress.

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