NBA reacts to alleged $150 billion LGBT clauses in Samoa Agreement

The Nigerian Bar Association (NBA) has reacted to the newly signed $150 billion Samoa Agreement, which gained public attention after a media report associated it with Lesbian, Gay, Bisexual, and Transgender (LGBT) rights.

NBA president, Yakubu Maikyau, described the agreement as a framework of ideas. He said the NBA had the privilege of reviewing the agreement before the Nigerian government signed it.

Mr Maikyau said there is no provision in the Samoa Agreement requiring Nigeria to accept or recognise LGBT rights. Nigeria has a law that criminalises same-sex relationships.

The NBA president said the agreement respects the local laws and sovereignty of the contracting nations. For instance, it acknowledges Nigeria’s Same-Sex Marriage (Prohibition) Act, 2023, and the supremacy of the Nigerian constitution.

He said the NBA would have Nigeria against signing the agreement if its provisions conflicted with local laws.

“If the claims made in some newspaper publications were accurate, the NBA would have advised the federal government against entering any partnership or agreement that could undermine Nigeria’s sovereignty. The Samoa Agreement does not compromise existing legislation or undermine Nigeria’s sovereignty,” Mr Maikyau wrote.

Samoa agreement

The Samoa Agreement, named after the South Pacific country where it was signed, is a legal framework between European Union (EU) member states and more than half of the 79 members of the Organisation of African, Caribbean, and Pacific States (OACPS).

Mr Maikyau, a Senior Advocate of Nigeria (SAN), said the agreement serves as a foundation for future specific agreements between the EU, the federal government, sub-national entities, and the private sector.

He said the agreement covers six main areas – democracy and human rights, sustainable economic growth and development, climate change, human and social development, peace and security, and migration and mobility.

On Thursday, Daily Trust reported concerns over clauses that mandate LGBT rights in the $150 billion Samoa Agreement signed by the Nigerian government on 28 June.

The newspaper’s report, premised on an opinion article by Sonnie Ekwowusi, a Lagos-based lawyer, was amplified by other news platforms such as BusinessDay, Vanguard and TheCable.

The reports attracted a backlash against the federal government as critics criticised the government for downgrading the country’s moral values in exchange for Western loans.

However, the Nigerian government denied the claim in a statement issued by the Minister of Information and National Orientation, Mohammed Idris.

A fact-check by PREMIUM TIMES found the report to be untrue.

NBA input

NBA president spoke about how his association reviewed the agreement on behalf of the Nigerian government before it was signed.

“Prior to the signing of the Samoa Agreement, the Honourable Minister of Budget and Economic Planning requested the NBA, as a significant stakeholder, to scrutinise the agreement. Consequently, I formed a committee chaired by Mr Olawale Fapohunda, SAN, former Attorney General and Commissioner for Justice of Ekiti State and Chairman of the NBA Law Reform Committee, to vet, evaluate, and advise on the agreement,” Mr Maikyau stated.

He condemned the negative narratives about the agreement and called for more public enlightenment.

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“I call on the government to continue public enlightenment and for other stakeholders to join in countering the negative perception of the agreement,” he said.

He also advised the public to verify newspapers and social media reports to ensure their authenticity.

Mr Maikyau reiterated the NBA’s commitment to ensuring that government actions are people-focused and that the integrity of Nigeria’s sovereignty is not compromised.