…agreement doesn’t require Nigeria to accept or recognise LGBTQ, gay rights – NBA

The House of Representatives has insisted the Federal Government suspend the implementation of the Samoa Agreement until all contentious clauses are addressed and spelt out.

In moving a motion of urgent national importance sponsored by 88 members on Tuesday, a member of the House, Aliyu Madaki, drew attention to the clause that highlights “gender equality” and describes it as a Trojan horse that could violate the morals of the country.

The House also mandated its relevant committees to investigate the controversial provisions of the agreement.

Controversy has enveloped the Samoa Agreement signed by the Federal Government with the European Union, with many frowning upon what they thought was the recognition of Lesbian, Gay, Bisexual, and Transgender (LGBT) rights by the Nigerian government.

The Samoa deal sparked a barrage of reactions online with many opposing LGBT rights, which is contrary to the anti-same-sex marriages and gay relationships law enacted in 2014 by then President Goodluck Jonathan.

At the press conference on Saturday, Minister of Budget and Economic Planning, Atiku Bagudu; alongside his counterpart in the Ministry of Information, Mohammed Idris, said Nigeria won’t enter into an agreement that was antithetical to the constitution as well as the religious and cultural sensibilities of the heterogeneous people of Nigeria.

Bagudu said Nigeria signed the agreement to boost food security, and inclusive economic development, amongst other vital areas.

Last November, the European Union, its 27 member states and 79 member states of the Organisation of African, Caribbean and Pacific States (OACPS) signed an agreement in Apia, the capital of the Pacific island country of Samoa. Hence, it was referred to as the ‘Samoa Agreement’.

With the new agreement which succeeded the Cotonou Agreement, the parties are expected to be better equipped to address emerging needs and global challenges, such as climate change, ocean governance, migration, health, peace and security.

Nigeria signed the agreement on June 28, 2024, but it became public knowledge this week after a disclosure by Bagudu.

A mix-up?

In a review of the Samoa Agreement, after it was signed last November, the European Parliament observed that the initial draft agreement contained the LGBT provision but noted that member states “were reluctant to see the foundation agreement mention sexual orientation and gender identity (LGBTI rights)”.

Parties, however, reached a compromise to commit only to the implementation of existing international agreements on the matter.

Subsequently, LGBT rights were expunged from the final agreement and replaced with “gender equality”. Specifically, Article 2, clause 5 of the final agreement stated that “the parties shall systematically promote a gender perspective and ensure that gender equality is mainstreamed across all policies”.

Notwithstanding, the Nigerian Bar Association (NBA) has said there is no provision in the SAMOA agreement that requires Nigeria to accept or in any way recognise LGBTQ or gay rights, either as a pre-condition for a loan of $150bn or at all.

A statement signed by the President of the Association, Senior Advocate of Nigeria, Yakubu Maikyau says instead, the agreement was expressly made subject to the local laws and the sovereignty of the contracting nations.

“That is to say, the SAMOA agreement recognises, for instance, Nigeria’s Same Sex Marriage (Prohibition) Act, 2023 and of course, the Supremacy of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)”.

The NBA says if this were not the case, it would have since advised the Federal Government not to enter or engage in any form of partnership or agreement that has the ability to undermine the sovereignty of the country in any way.

The Association also calls on the government to continue with the public enlightenment already being undertaken and for other stakeholders to join in doing so, to counter the negative perception being promoted on the agreement.

It urged the public to at all times, query newspaper and social media posts to determine the veracity of information contained in them.