On July 4th, 2024, the claim that the Nigerian Government had signed an agreement legalising LGBTQ practices in the country went viral on social media, especially on X (formerly Twitter).
The claim circulated widely, following a report by Daily Trust Newspaper titled “LGBTQ: Nigeria signs $150 billion Samoa deal.” Also, an article by a Lagos-based lawyer urged the Nigerian government to rescind the agreement over claims that it was permissive to gay and lesbian rights.
Claim: Did Nigeria sign off to promote LGBTQ as part of the Samoa deal?
ALL WE KNOW
What is the Samoa Agreement?
On November 15, 2023, the European Union (EU) led the negotiation of a partnership agreement to serve as the new legal framework for EU relations with 79 countries. The partnership includes 48 African, 16 Caribbean and 15 Pacific countries. The agreement is called the EU relations with African, Caribbean and Pacific countries (EU-OACPS) and was signed in Pacific Island of Samoa with six priority areas namely; democracy and human rights, sustainable economic growth and development, climate change, human and social development, peace and security, migration and mobility.
The EU-OAPCS Samoa agreement will serve as the new legal framework for the next 20 years, succeeding the Cotonou agreement. The last partnership framework was the Cotonou agreement, adopted in 2000 to replace the 1975 Lomé Convention. The Cotonou agreement initially expired in February 2020 and its provisions were extended until the new partnership agreement between the EU and the ACP countries provisionally applied or entered into force.
In addition, the Samoa Agreement will see the European Union (EU) investing £150 billion in projects across all 48 African countries that signed the agreement. The projects will cut across the six thematic areas contained in the Agreement.
Did Nigeria sign the Samoa Agreement?
On July 1, 2024, Atigu Bagudu, the minister for Budget and National Planning confirmed the development relating to the Samoa agreement at a reception organised by the European Union (EU) in Abuja. Similarly, Bagudu’s media assistant, Bolaji Adebiyi, said the documents signed by the Federal Government, which the minister made reference to during the reception by the EU, were strictly for the economic development of Nigeria.
He mentioned that nowhere in the documents were LGBT or same-sex marriage mentioned even remotely. He stressed that it would be wrong for anyone to imply that Nigeria had accepted those tendencies. He insisted that what Bagudu signed was in relation to a $150 billion trade component.
In a separate statement signed by the Minister of Information and National Orientation, “Nigeria signed the Agreement on Friday 28 June 2024. This was done after extensive reviews and consultations by the Inter-ministerial Committee, convened by the Federal Ministry of Budget and Economic Planning (FMBEP) in collaboration with the Ministry of Foreign Affairs (MFA) and the Federal Ministry of Justice (FMOJ). It was ensured that none of the 103 Articles and Provisions of the Agreement contravenes the 1999 Constitution as amended or the laws of Nigeria, and other extant Laws.
In addition, Nigeria’s endorsement was accompanied by a Statement of Declaration, dated 26 June 2024, clarifying its understanding and context of the Agreement within its jurisdiction to the effect that any provision that is inconsistent with the laws of Nigeria shall be invalid. It is instructive to note that there is an extant law against same-sex relationships in Nigeria, which was enacted in 2014.
Is there an LGBT Agreement in the Samoa deal?
LGBT means Lesbian, Gay, Bisexual, and Transgender.
A careful perusal of the document in “Article 9: Human rights, democracy and rule of law,” part 2 states that “The Parties shall commit to the promotion of universal respect for, and observance of, human rights and fundamental freedoms for all, without discrimination based on any ground including sex, ethnic or social origin, religion or belief, political or any other opinion, disability, age, or other status. They commit to fighting all forms of racism, racial discrimination, xenophobia and related intolerance, and all forms of violence and discrimination, including all instances of advocacy of hatred. They commit to the recognition and advancement of the rights of indigenous peoples, as set out in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).”
CDD War Room also observed that in several parts of the agreement, the terms “gender,” “equality” and “human rights” were mentioned, but no specific reference to LGBT rights was made.
Will signing the Samoa Agreement legalize LGBTQ in Nigeria?
The signing of the Samoa Agreement does not translate to legalizing LGBTQ in Nigeria. The “anti-gay bill” signed into law by former president, Goodluck Jonathan in 2014 remains in force. Moreover, the Federal Government clarified that Nigeria’s endorsement of the Samoa Agreement was accompanied by a Statement of Declaration, dated 26th June 2024, clarifying its understanding and context of the Agreement within its jurisdiction to the effect that any provision that is inconsistent with the laws of Nigeria shall be invalid.
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