The President of the Nigerian Bar Association (NBA), Yakubu Maikyau SAN, has clarified that the controversial SAMOA Agreement does not include lesbian, gay, bisexual, transgender, and queer (LGBTQ) protection rights as a precondition for a $150 billion loan facility.
The NBA President made the clarification in a statement on Monday.
Maikyau stated that the agreement does not require Nigeria to accept or recognize LGBTQ rights, and is subject to local laws and the sovereignty of contracting nations.
He said the agreement recognizes Nigeria’s Same Sex Marriage (Prohibition) Act, 2023, and the supremacy of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
He said, “Contrary to the narrative being propagated either due to ignorance of the content of the agreement or, a deliberate intention to mislead the public (neither of which is good), I wish to state that there is no provision in the SAMOA agreement which requires Nigeria to accept or in anyway recognise LGBTQ or gay rights, either as a pre-condition for a loan of $150 Billion USD of at all.
“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 Consutution of the Federal Republic of Nigeria, 1999 (as amended).
“If this were not the case, the NBA 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 our nation in anyway.
“For avoidance of any doubt, the SAMOA agreement does not, in any way, seek to compromise our existing legislations nor undermine the sovereignty of Nigeria.”
Maikyau called on stakeholders to educate the public on the agreement’s true content, cautioning against negative narratives being spread along sensitive lines of faith, culture, and morality.
He revealed that the NBA was consulted on the agreement prior to its signing and had set up a committee to vet and advise on it.
The SAMOA Agreement is a broad legal framework between the European Union member states and over half of the 79 members of the Organisation of African, Caribbean, and Pacific States (OACPS). It covers six main areas, including democracy and human rights, sustainable economic growth, climate change, human and social development, peace and security, and migration and mobility.
