A Federal High Court in Abuja yesterday struck out a suit challenging the constitutionality of the Same-Sex Marriage (Prohibition) Act 2013.

The plaintiff, Mike Enahoro Ebah, had claimed  that  the Same-Sex Marriage (Prohibition) Act violated Nigerians’ human rights as protected by the country’s constitution and the African Charter on Human and Peoples’ Rights.

Justice Abdul Kafarati, who threw out the suit, upheld the preliminary objection by the federal government that the plaintiff lacked the requisite locus standi to sue on behalf of other Nigerians.

Besides, the court held that the plaintiff did not place materials before the court to show that he had suffered or about to suffer from the implementation of the Act as required by law.

The judge said: “There is no doubt that fundamental rights are derived from the constitution but law or provision of any law must be in conflict with the provisions of the constitution.

“This is a fundamental right action and the applicant must show that he has suffered from the action of the defendant or is about to suffer an injury.

“The applicant in this case has no locus standi to sue on behalf of Gay, Lesbian, Bisexual or Transgender Community (LGBT).

“In the final analysis, the  case is accordingly struck out.”

Ebah had in an affidavit in support of his suit deposed as follows: “That Nigerians, particularly those whose sex is gay, lesbian, bisexual or transgender are by natural design, biologically and physiologically, without any fault of theirs, share unique sexual orientation.

“I know as a fact that there is a constitutional provision in Nigeria which forbids discrimination against any Nigerian on the basis of their sex, community and/or circumstances of their birth.

“That I know as a fact that the recently assented Same Sex Marriage (Prohibition) Act, 2013, by the President Goodluck Jonathan violates the Nigerian Constitution which forbids discrimination against any Nigerian by virtue of their sex, community and/or circumstances of their birth. …

“That I know as a fact that individuals do not choose their sexual orientation, be you straight, gay, lesbian or bisexual. It is not a matter of choice. You are who you are. By circumstance of our birth, we are born straight, gay, lesbian, bisexual or transgender.

“That I know as a fact that the sexual orientation of a citizen of Nigeria does not impair upon his or her ability to participate fully in all economic and social activities and/or institutions in Nigeria or elsewhere in the world.”

He also accused the supporters of the new law of attempted genocide, stating: “That I am aware that since the inception of Same Sex Marriage (Prohibition) Act, 2013, an estimated number of about 38 Nigerians have been arrested in about four states of the federation on the basis of their sexual orientation.

“That I am aware that in Bauchi State alone, an estimated number of about 12 Nigerians were arrested and subjected to prosecution on the basis of their sexual orientation.

“That I verily believe that this arrest, persecution and prosecution of these Nigerians are attempts at genetic genocide meant to exterminate these Nigerians.”

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