SAMOA Agreement: Nigeria Does Not Recognize LGBTQ Rights – NBA Clarifies

The Nigerian Bar Association (NBA) has clarified that Nigeria does not recognize same-sex marriage, following recent controversies surrounding the Samoa agreement.

In a statement signed by NBA President, Yakubu Maikyau, the association emphasized that the agreement does not require Nigeria to accept LGBTQ or gay rights as a condition to benefit from the agreement, contrary to widespread belief.

The statement read, “The agreement respects the local laws and sovereignty of the contracting nations. This includes Nigeria’s Same Sex Marriage (Prohibition) Act, 2023, and the supremacy of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

The NBA asserted that if the agreement had mandated Nigeria to recognize LGBTQ rights, it would have advised the Federal Government against entering any partnership that could compromise the country’s sovereignty.

“To be clear, the SAMOA agreement does not seek to undermine our existing legislation or the sovereignty of Nigeria,” the NBA stated.

Before signing the SAMOA agreement, the Minister of Budget and Economic Planning requested the NBA to review it.

Consequently, NBA President Maikyau formed a committee chaired by Olawale Fapohunda, SAN, former Attorney General and Commissioner for Justice of Ekiti State, to evaluate and advise on the agreement.

The SAMOA Agreement, named after the country of Samoa where it was signed, is a broad 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).

It 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. It serves as a basis for specific agreements between the EU and the Federal Government, its sub-nationals, or the private sector.

The NBA urged the government to continue public enlightenment efforts and called on other stakeholders to join in countering negative perceptions about the agreement.