Gay Prohibition Act: FG Sued over Legality by Gay Man

Mr. Teriah Joseph Ebah  has dragged the federal government before a Federal High Court in Abuja challenging the legality of the Same Sex Marriage (Prohibition) Act, 2013.

In a suit filed on his behalf by Mr. Mike Enahoro Ebah, the plaintiff is asking the court to stop the federal government from implementing the  Act.

Justice Abdul Kafarati has fixed April 28 for hearing of the suit.
The plaintiff is asking  the court for a declaration that the provisions of the Same Sex Marriage (Prohibition) Act, 2013 particularly sections 1(1) (a) & (b), (2), 2(1) &(2) and 3 contravene the fundamental rights of citizens  as enshrined  in Section 42 (1)(a) & (b) of the 1999 Constitution and Articles 2,3 (1) and (2), 19 and 29 of the African Charter on Human and Peoples' Right (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and is accordingly unconstitutional, null and void.

The plaintiff also wants the court to declare that the provisions of the Act violate  Sections 37 and 40  of the Constitution.

He also wants a declaration that the Act violates Section 37 and 38 of the Constitution and hence it is null and void.

He therefore seeks an order of perpetual injunction restraining the federal government from enforcing the provisions of Same Sex Marriage (Prohibition) Act, 2013 particularly sections 1,2,3,4 and 5 of the said Act.

The plaintiff had asked the court to determine whether the provisions of the Act do not violate citizens rights as provided for by the Constitution.

He further asked the court to determine whether the Act is not impediment and constituting disabilities to citizens fundamental human right.

Ebah also wants the court to determine whether the Act is not inconsistent with citizens fundamental human rights as protected by the constitution.

Also, the plaintiff asked the court to determine whether the Act is not inconsistent with the Constitution and the African Charter on Human and Peoples Rights.