AFRICA

Nigeria Insists No LGBTQ Clause In Signed Samoa Agreement, Nor Article That Offends Its Laws  

Nigeria’s federal government has clarified that there was no clause that create rights and support for  LGBTQ in Nigeria in any of the articles in the Samoa Agreement that was signed by Nigeria on the 28th of June 2024.

This was clarified in a press briefing that was arranged by the Minister for Information and National Orientation, Mohammed Idris, to address the misinformation that had been circulating Nigeria’s media space that Nigeria had signed an agreement that had a clause that said Nigeria had to support members of the LGBTQ community who are Nigerians.

Idris, during the press briefing, invited the Minister of Budget and Economic Planning, Atiku Bagudu, to explain the agreement signed, as well as to present the media with a copy of the agreement.

Idris said, “Let me say for reasons of emphasis that the government of President Bola Ahmed Tinubu will not in any way sign anything that goes against our constitutions, our laws, our culture, and our various faiths. Whatever has been done is in the interest of this country.”

Budget Minister Bagudu, then clarifying the issue, said, “The Samoa agreement, the post-Cotonou agreement, or the partnership agreement is a vital legal framework of operation between the OACPS and the European Union with the aim of promoting sustainable development, fighting climate change and its effect, generating employment opportunities, and fostering collaboration among OACPS member states at the international stage. The EU and all its 27 member states signed the Samoa agreement on 16th November 2023. Out of the 79 members of the Organisation of Africa, Caribbean and Pacific States, 74 have signed before the deadline of June 30th 2024.

“The agreement is one of several cooperation agreements that Nigeria signed with different countries. And also, even with the EU, in addition to this framework agreement, we signed a number of agreements before implementing any articles. The Samoa agreement contains 103 foundational articles, and then, 79 other articles in the African Regional Protocol. 

“The reviews conducted by the Ministries of Budget and Economic Planning, Foreign Affairs, and Justice conforms that none of those articles which are the 103 foundational and 79 African Region-specific protocols, none of them offends our constitution or laws. There is nowhere in those documents where LGBTQ is mentioned, even in passing. 

“There is no article which can be construed in our laws to mean acquiescing, approving, supporting LGBTQ rights.”

He also said, “Furthermore, the declaration that we signed along with the agreement clarified our position – not because we are in any doubt, but it clarified our position in regards to other areas, particularly in fossil fuels, because for example, the EU, in moving towards cleaner energy, they were careful in stating that we are a country blessed with oil and gas. So, to the extent that that agreement which we signed can be misconstrued as limiting our investment of further development of gas, that is incorrect.”

Explaining the origination of the Samoa Agreement, Bagudu said, “The partnership between Nigeria and the Organisation of Africa, Caribbean, and Pacific States, OACPS, dates back to the Georgetown Agreement of 1975 which ended up serving as a framework for trade.”

He further added, “The finalised text for a new partnership agreement between the OACPS and EU initialled on 15th April 2021, comprising of a common foundational compact and three regional protocols namely Africa- EU, Caribbean -EU, and Pacific-EU Regional Protocols, with each regional protocols addressing the peculiar issues of the regions. The negotiations and outcomes of the agreement were largely based on universally accepted international laws, conventions, treaties applicable to the parties, while recognising the supremacy of the constitutions of the constituent counties and local laws.”

He then mentioned that the Ministry of Budget closely collaborated with the Ministry of Foreign Affairs and the Ministry of Justice through and interministerial committee to follow up on the negotiations of the Samoa agreement, and confirmed that the outcome was “in line with the global conventions which Nigeria subscribes to and relevant for advancement of multilateralism to constitution of the Federal Republic of Nigeria and our laws and measures for deepening the developmental cooperation with EU and OACPS.”

“Anything that we signed within that agreement, in our interpretation, it must be in tandem with our constitution and laws, and to the extent that it is not, it is null and void,” he concluded.

Ozioma Samuel-Ugwuezi

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