GAY MARRIAGE: LGTB TAKES BUHARI TO COURT (1)
Same-sex marriage is alien to our culture,
The lesbian, gay, bisexual and transgender (LGTB) in Nigeria has taken President Muhammadu Buhari to court. In their law suit filed at the Federal High Court, Lagos, the LGTB organisations allege that the Nigerian anti-gay law (Same-Sex Marriage Prohibition Act 2014) is a violation of their “right” for a man to marry a fellow man and a woman to marry a fellow woman. The LGTB also prays the honourable court to quash the Same-Sex Marriage Prohibition Act because it prohibits gay clubs, gay societies, gay publicity, gay procession, gay amorous relationship such as caressing and kissing in public and so forth in Nigeria. In essence, the LGBT in Nigeria is praying the honourable court to legalise gay marriage, gay wedding and gay associations and activities in Nigeria.
Consequently the LGTB organisations in Nigeria have filed a suit at the Federal High Court, Lagos, praying the honourable court to declare the same-sex prohibition act unconstitutional, null and void as well as declare that lesbian, homosexual, bisexual and transgender practices are genuine human rights which must not be violated by the Nigerian government. Joined in the suit as co-defendant is the Attorney- General of the Federation and Minister for Justice. The LGTB leading counsel in the suit is a prominent intelligent lawyer in the United Kingdom called Prof. Oba Nsugbe, QC, SAN. Prof Nsugbe is a Nigerian. He is one of the managing partners of Pump Court Chambers, a leading common law firm in the United Kingdom. He is reputed to have an expertise in the “the constitutional challenge to Nigeria’s Same-Sex Marriage Prohibition Act”. Curiously the Pump Court Chambers advertises itself as a chamber with a strong LGBT presence. Specifically in one of the chambers’ online advert for job recruitment it stated viva voce: “We have a strong LGBT presence in chambers”. I don’t know whether the phrase “we have a strong LGBT presence in chambers” is another way of saying that most of the lawyers in Pump Court Chambers are homosexuals and lesbians. I don’t know why the powers, dominions and principalities in the United Kingdom are putting so much pressure on Nigeria to legalise gay marriage and gay activities. Anyway, the important thing is that the LGTB in Nigeria has hired one of the best law firms in the United Kingdom to prosecute their case.
As at the time of writing it was still unclear whether the suit had been assigned to a judge of the Federal High Court. First, the suit filed by the LGTB is a public document and therefore can easily be accessible by the public. Second, the subject-matter of the suit-gay marriage together with homosexuality, lesbianism and transgenderism-is a simmering matter of public interest in which the members of the public can freely comment on. This is one of the bedrocks of our individual liberty as enshrined in the 1999 Constitution.
It is instructive that the LGTB suit in Nigeria is coming on the heels of the judgment of the European Court for Human Rights clearly stating that same-sex “marriages” are not human rights that can be protected. It is noteworthy that the European Court for Human Rights is the highest court in Europe. But on June 29, 2016 the court, sitting in Strasbourg, France, delivered a judgment that has now shattered the hopes of all homosexuals and lesbians in Europe as well as dealt a devastating blow
IT IS INSTRUCTIVE THAT THE LGTB SUIT IN NIGERIA IS COMING ON THE HEELS OF THE JUDGMENT OF THE EUROPEAN COURT FOR HUMAN RIGHTS, CLEARLY STATING THAT SAMESEX MARRIAGES ARE NOT HUMAN RIGHTS THAT CAN BE PROTECTED
on gay rights in Europe. The court ruled that “marriages” entered into by people of same-sex cannot be considered as marriage. The court’s decision arose from the suit filed at the court by Heli Hämäläinen, a citizen of Finland. Heli had in 2002 fathered a child with his wife of over 10 years. But he wanted to become a woman. Consequently in 2009 he abandoned his wife and son and underwent a sex reassignment surgery in order to anatomically look like a woman. Prior to the surgery, he had tried to change his legal identity from male to female without success. Thereafter he wanted to “marry” a fellow man. But he was disallowed to do so because Finland does not allow persons of the same sex to “marry” each other. Then feeling aggrieved he sued at the European court. But in its ruling the court held that European human rights law recognises the “fundamental right of a man and woman to marry and to found a family” and “enshrines the traditional concept of marriage as being between a man and a woman.” The court’s ruling also bars people with same-sex attraction from filing a law suit to obtain a same-sex “marriage”.
This is indeed is a historic and unimpeachable judgment. Additionally, it is a highly persuasive judgment which should serve as a precedent not only in the European Union courts but in all courts including the Nigeria’s. The truth of the matter is that gay marriage and gay activities are highly abhorred in all cultures and all religions in Nigeria. In fact, the same-sex marriage prohibition act is the outcome of such abhorrence. Prior to the enactment of the act, the Nigerian Law Reform Commission took up the study of the issue of same-sex marriage and its place in the Nigerian socio-cultural, political and religious setting. And after the exhaustive study it issued a report and a recommendation that same-sex marriage should be prohibited in Nigeria through express legislative prohibition. According to the commission: “the finding on this issue is that the very notion of same-sex cohabitation or marriages, as the case may be, is abhorrent to African sensibilities, and quite contrary to the norms of the Nigerian society…it is our view that it would be a great disservice to our society, which is currently bedevilled by so many societal ills, to accord more than a passing mention to such unions in the course of a family reform exercise. Despite our awareness of the assurance to the contrary by authorities in some of the developed countries, our view is that homosexuality is an acquired habit that ought to be eradicated and not be transformed into an acceptable human conduct by law… our recommendation with regard to same-sex marriage is absolute prohibition….”
In effect, the Nigerian Law Reform Commission is simply saying that laws are made in consonant with the values and culture of the people. Every country is interested in protecting what it holds dear its cherished values. If the United Kingdom and other countries are so keen on protecting same-sex marriage as their only treasure let them go ahead and do so. But for goodness sake, they should leave Nigeria alone. We are tired of listening to all these foreigners dictating to us the kind of laws we should make. We are an independent country. We are a sovereign country. We have just finished marking the 57 years of wresting our independence from the British.