NBA President Defends Controversial SAMOA Agreement Amid LGBTQ+ Concerns; House Of Reps Calls For Suspension

The Nigerian Bar Association (NBA) President, Yakubu Maikyau, has expressed support for the contentious SAMOA Agreement. Named after Samoa, a small island nation deep in the Pacific Ocean, where it was signed in November 2023, the SAMOA Agreement is a comprehensive legal framework for new trade and economic cooperation between the European Union (EU) and member states of the Organisation of African, Caribbean, and Pacific States (OACPS).

The agreement draft initially focused on trade and economic assistance programs, including sustainable economic growth and development, climate change, human and social development, peace and security, and migration and mobility. However, the Agreement eventually expanded to include political and social advocacy issues, such as democracy and human rights.

This expansion has led to disputes over provisions aimed at protecting sexual rights, which some argue are a veiled attempt to enforce LGBTQ+ rights in participating countries, conflicting with traditional African values.

NBA Endorse Agreement

The NBA president, however, argues that the Agreement does not recognize same-sex marriage and cannot override Nigeria’s current constitution and her anti-gay laws. He revealed that the Minister of Trade and Economic Planning brought the Agreement to his attention, and he quickly set up an NBA committee, chaired by Olawale Fapohunda, SAN, former Attorney General and Commissioner for Justice of Ekiti State, to evaluate and advise on the Agreement.

“The agreement respects the local laws and sovereignty of the contracting nations, including Nigeria’s Same-Sex Marriage (Prohibition) Act, 2023, and the supremacy of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” said Mr. Maikyau.

He added that if the Agreement had mandated Nigeria recognize LGBTQ rights, the NBA would have opposed the Federal Government entering into such a partnership that could compromise the country’s sovereignty.

Sonnie Ekwowusi, Chair, Human and Constitutional Rights Committee, African Bar Association, puts up alarming criticism of the Samoa Agreement reportedly signed by Nigerian government. pic.twitter.com/MYTMLIufm4

— JolibaLive News! (@Jolibalive94010) July 9, 2024

^{Watch Sonnie Ekwowusi, Chair, Human and Constitutional Rights Committee, African Bar Association, puts up alarming criticism of the Samoa Agreement on a TV interview.}

“To be clear, the SAMOA agreement does not seek to undermine our existing legislation or the sovereignty of Nigeria,” he repeated. Mr. Maikyau says with more enlightenment, the negative perceptions surrounding the Agreement will be better understood by the populace.

However, the Nigerian parliament and several analysts remain unconvinced. The parliament was not consulted before Nigeria signed on to this Agreement leading to calls for review and more transparency.

House Of Reps Demand Suspension

Today, Tuesday, the House of Representatives passed a resolution demanding the Federal Government suspend the implementation of the SAMOA Agreement over the alleged LGBTQ clause. The House tasked its Committee on National Planning to investigate the Agreement within four weeks and report back for further legislative action.

The House resolution followed a motion of urgent public importance brought to the floor by the Deputy Minority Leader, Aliyu Madaki, and 87 others during plenary.

Critics argue that the Agreement includes provisions that represent a backdoor legalization of same-sex relationships in Nigeria. References to “respect for human rights” in the document, particularly Article 9(7), could implicitly include “sexual orientation and gender identity (LGBTI rights),” practices still considered abhorrent in most Nigerian and African cultures.

Several OACPS countries declined to sign the Agreement, and the Nigerian presidency has remained silent. The government of President Bola Tinubu needs to clarify its true position and engage in a robust debate with the Nigerian people regarding this Agreement.

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