Lagos lawyer and human rights activist Mr. Sonnie Ekwowusi, has said that the castigation of Nigeria and President Goodluck Jonathan by some members of the international community for outlawing homosexuality and lesbianism in Nigeria is unwarranted and a big threat to national security.
On January 7, 2014 President Jonathan signed into law the Same Gender Marriage (Prohibition) Bill earlier passed and harmonized by the two Houses of the National Assembly. The new anti-gay law completely outlaws gay marriage, gay relationships, registration of Gay Clubs, Societies and organizations; prohibition of Gay publicity, gay procession, gay online meeting and dating and all allied gay practices in Nigeria.
For example, under the new anti-gay law an offender risks going to jail for 14 years for contracting a gay marriage or revelling in other gay practices in Nigeria.
Expectedly, the new anti-gay law has drawn the ire of some members of the international community who describe it as barbaric, unconstitutional, undemocratic and “inconsistent with Nigeria’s international legal obligations.
But speaking to newsmen yesterday, Mr Ekwowusi faulted the above contention. He stated that pursuant to section 4(1) (2) of the 1999 Constitution, our Federal legislators are enjoined to make good laws that conform to the social reality in the country. The average Nigerian in the street abhors homosexuality, lesbianism or bestiality. In fact the only way to avoid chaos in a society is for the legislature to make laws that accord with the values and aspiration of the people. He stated that the so-called homosexual and lesbian “rights” are unfounded under the Nigerian laws and international law.
Besides, no right to privacy is exercised in vacuum; no freedom of expression is absolute, otherwise right to privacy or freedom of expression becomes a licence for indulging in any stupid deviant behavior. Therefore sections 37 (right to privacy), 38 (right to freedom of thought and conscience) and 39 (right to freedom of expression) enshrined in the 1999 Constitution are curtailed by section 45(1) of the same Constitution to the effect that nothing in those sections 37, 38 and 39 “shall invalidate any laws that are reasonable justifiable in a democratic society in the interest of defence, public safety, public order, public morality or public health”.
The Same Gender Marriage (Prohibition) law is a law reasonable justifiable in Nigeria to promote public morality and public health. Homosexual and lesbians practices are offensive to public morality and public health. Therefore the Same Gender Marriage (Prohibition) law is justified in Nigeria.
More importantly, the binding nature of international law is a matter of consent of sovereign States. There is no time nations including Nigeria met and decided that homosexual and lesbian “rights” should become international laws binding on all nations. Therefore somebody cannot be living in New York or London and be making laws that would have a binding force in Nigeria. To do so is to violate the sovereignty of Nigeria. And such a violation constitutes a big threat to national security.
According to Mr. Ekwowusi, it is unfortunate that the Western Cultural Revolution has turned right into a dynamic and subjective process of change that allows for contradictory choices. Hence choice or license has become an absolute principle and a new point of reference of human rights. This has resulted in a new sexual liberation which deconstructs the anthropological structure of man and woman leading to the negation of reality and sexual barbarism.