The signing of the Samoa Agreement by Nigeria has raised questions and concerns regarding its implications for LGBT rights, including same-sex marriage. This article aims to provide a comprehensive analysis of the agreement, the process of ratification and domestication in Nigeria, and the prevailing legal landscape, particularly the Same-Sex Marriage (Prohibition) Act. It underscores that Nigeria’s existing legal framework remains unchanged and that domestic laws take precedence over international agreements unless duly enacted into law.
Understanding the Samoa Agreement
The Samoa Agreement is an international treaty aimed at addressing climate change and promoting sustainable development. It encourages inclusive and non-discriminatory policies, which some interpret as potentially supportive of broader human rights, including LGBT rights. However, it is essential to clarify that the primary focus of the Samoa Agreement is environmental sustainability, not social policy.
The Legal Process: Ratification and Domestication
In Nigeria, the signing of an international agreement is only the first step in a multi-stage process to make it legally binding:
- Signature: The President or a designated representative signs the agreement, indicating Nigeria’s preliminary commitment.
- Ratification: The National Assembly must ratify the agreement. This involves detailed scrutiny and approval by both the Senate and the House of Representatives. Ratification is a legislative process that ensures thorough examination and debate.
- Domestication: After ratification, the agreement must be domesticated, meaning its provisions are incorporated into Nigerian law through specific legislation passed by the National Assembly. Without this step, the agreement remains non-binding domestically.
Constitutional Framework and Domestic Law
Nigeria operates under a dualist system where international treaties do not automatically have domestic legal effect. According to Section 12 of the 1999 Constitution of Nigeria, a treaty must be enacted into law by the National Assembly to have the force of law within Nigeria. This constitutional provision ensures that international agreements are subject to the same rigorous legislative processes as domestic laws.
The Same-Sex Marriage (Prohibition) Act
Enacted in 2014, the Same-Sex Marriage (Prohibition) Act criminalizes same-sex relationships, with penalties of up to 14 years in prison for those involved. The Act also prohibits the registration of gay clubs, societies, and organizations, as well as any form of public show of same-sex amorous relationships.
This legislation reflects Nigeria’s strong cultural and religious values, which do not support LGBT rights. It is crucial to understand that this domestic law takes precedence over any international agreement that has not been domesticated.
Precedence of Domestic Law over International Treaties
Nigeria’s domestic laws, particularly the Same-Sex Marriage (Prohibition) Act, remain the prevailing legal standards. Even if Nigeria signs an international agreement with provisions seemingly supportive of LGBT rights, such provisions have no effect unless they are domesticated through appropriate legislative action.
Misinterpretations and Clarifications
The concerns about Nigeria’s commitment to the Samoa Agreement translating to an endorsement of LGBT rights are unfounded. The agreement’s primary aim is environmental and sustainable development. The inclusive language used in such treaties should be viewed within the context of promoting broad human rights without implying specific changes to national laws on social issues.
The Role of Public Opinion and Legal Advocacy
Public opinion in Nigeria largely supports the current legal framework regarding same-sex relationships. Legal advocacy groups and civil society organizations play a crucial role in educating the public and policymakers about the implications of international treaties and ensuring that national interests and cultural values are upheld.
Conclusion
The signing of the Samoa Agreement by Nigeria does not signify a shift in the country’s stance on LGBT rights or same-sex marriage. The agreement focuses on climate action and sustainable development and must undergo a stringent process of ratification and domestication before influencing domestic law. Nigeria’s Same-Sex Marriage (Prohibition) Act remains in full effect, and any international agreements conflicting with this law are non-binding unless explicitly enacted by the National Assembly.
Nigeria continues to engage with the international community on various global issues, including environmental sustainability. However, its legal position on LGBT matters remains steadfast, shaped by strong cultural and religious values.
For more detailed legal analysis or inquiries, please contact Aliyu and Musa (SAN) Law Firm.