FG seeks dismissal of suit challenging anti-gay law
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.