A Nigerian lawyer, Robert Igbinedion, has sued the Federal Government and the National Assembly challenging the passage of the Same-Sex Prohibition Bill passed by the Senate late last year.
In a suit filed at the Federal High Court in Lagos on behalf of the “sexual minorities”, Mr. Igbinedion prayed for an order for the enforcement of fundamental rights to Private and Family life, Freedom from Discrimination, and Human dignity.
Mr. Igbinedion joined President Goodluck Jonathan and the Attorney-General of the Federation, Mohammed Bello Adokiye.
The suit is expected to allow those who practice same orientation with counterparts of their opposite sex to go scot free.
Mr. Igbinedion said that he filed the suit because the step taken by the Senate to make a law against LGBT (Lesbians, Gays, Bisexuals, and Transgender) persons is “one too many” by the government to oppress the minority.
“All over Nigeria, the accepted norm now is as long as the majority is happy, the minority can go to hell… and that is the direction we are running into at jet speed. That is not a direction a government should go,” Mr. Igbinedion said.
“The essence for which government is established is to protect minority,” he added.
The senate had in November 2011 passed the controversial bill which gives a sentence of 14 years imprisonment for gay couples and 10 years for witnesses and those who aid and abet the marriage despite severe criticism from the international community including threats of aid withdrawal
The Bill criminalises the public display of affection (PDA) by gay lovers and also prohibits the operation and registration of gay clubs with a 10 year jail term to defaulters.
The passage of the bill generated widespread commendation from the majority of Nigerians but international rights group, Amnesty International, expressed displeasure that such a bill “would threaten all Nigerians’ rights.”
If passed into law, the bill would set a precedent that “would threaten all Nigerians’ rights to privacy, equality, free expression, association, and to be free from discrimination,” the groups said.
In filing the suit, which comes up for hearing at the Justice Tsoho court in Ikoyi on May 4th, Mr. Igbinedion said that instead of making a law to protect the minorities from victimization, the Nigerian State is “rather moving in the direction” of criminalizing them.
“I am not gay. Since I filed this action, I have only met one. Before I filed the action, I have never met any in Nigeria. But that gives me more vigour, that empowers me because I am not biased. I have nothing to lose or gain. Even if I have something to gain, I’ll still file it anyway,” said Mr. Igbinedion, a registered foreign lawyer in the United Kingdom.
The Same Sex prohibition Bill is still awaiting a concurrent passage by the House of Representatives and would be signed into law by the President afterwards.
“I will fight it because our law permits it. That is why I’m in court. Chapter 4 of our Constitution says you cannot discriminate, so it permits it,” Mr. Igbinedion said.
“And the fundamental rights enforcement procedure rules have given us a clear direction in interpreting our Chapter 4, it says you must look to UN’s decision. And UN’s decision has recognized rights of LGBT persons as fundamental rights,” he added.
