A London-based Nigerian citizen, Mr Joseph Ebah has asked an Abuja Federal High Court to grant an order restraining the federal government from enforcing the Same Sex Marriage Act 2013.
The applicant, via an originating summons for the enforcement of his fundamental rights filed by his counsel, Mr Mike Enahoro, also prayed the court to declare the law null and void.
He also asked the court to declare the law inconsistent with the constitution of the Nigerian constitution and the African Charter on Human and People’s Rights.
Eba argued in the suit supported by a 42-paragraph affidavit that the said law violated and contravened his rights and the rights of other Nigerians like him.
“The Act is a legalisation of discrimination against Nigerians on the basis of their sex and sexual orientation, the community they belong to and circumstance of their birth.
“Unless these reliefs are granted, the government and its agencies will continue to haunt down and discriminate against Nigerians on the basis of their sex and birth circumstance,’’ Ebah said.
The applicant’s counsel, Enahoro, argued in his submission that his client’s case was about justice, fairness and equality of all before the law.
According to him, Nigerians must stand tall and speak against that which was wrong like was done against the killing of twins, albinos, slave trade and racial discrimination.
“We submit, therefore, that the provisions of the Same Sex Marriage Act constitutes impediment and disabilities to Nigerian citizens fundamental rights as enshrined in the constitution,’’ he said.
The Federal Government was not represented by counsel at the mention of the case on Wednesday.
Justice Abdul Kafarati adjourned the case to April 28 for hearing and ordered that the respondents be issued with hearing notice to enter appearance.