A Federal High Court in Abuja has struck out a suit brought before it by a United Kingdom based Nigerian, Mr Teriah Ebah, contending that the newly enacted same sex marriage law, is inconsistent with the provisions of sections 34 and 37 of the Nigerian Constitution, as amended.
In his ruling, Justice Abdul Kafarati said, Mr Ebah had no right to file a case of fundamental human rights for Nigerians, since the suit did not say his personal rights were deprived of him.
He also emphasised that there was no group in Nigeria known as the lesbian, gay, bisexual and transgender and that as such the case was lacking in merit and is thereby struck out.
In the suit, the applicant is seeking an order of perpetual injunction, restraining the Nigerian government, from enforcing the provisions of same sex marriage (prohibition) Act of 2013.
He urged the High Court to declare the law as unconstitutional, null and void. Mr Ebah also held that the provisions of the the Act against same sex marriages was an “impediment constituting disabilities to Nigeria citizens’ fundamental rights enshrined and protected in section 40 and 37 of the Constitution of the Federal Republic of Nigeria”,