ANTI HOMOSEXUALITY LAW IN NIGERIA ; LAW & MORALITY

The proposed anti-homosexuality bill passed by the president Federal Republic Of Nigeria is one of the best thing done by the present administration, it is well embraced by all and,despite the criticism from United State of America and Britain claiming that the law violates the international agreement to which Nigeria is a party, the Nigerian government said there is no going back on that law.

The power to make law by the executive (president) is vested on him by virtue of Section 5(1) of the constitution Federal Republic of Nigeria that subject to the provisions of this constitution the executive powers of the federation shall extend to the execution and maintenance of this constitution, all laws made by the national Assembly and to all matters with respect to which the National Assembly has , for the time being, power to make laws.

This power is an absolute one and Nigeria as a sovereign state is not subject to any country to determine or influence laws made by the executive as long as it passed by  the majority in the National Assembly and the necessary procedures laid down by the constitution of the country in question is followed and acceptable by the people of the country.

They claim the anti-homosexuality law is a breach of the fundamental human right, I agree with them based on the provision of chapter IV of the constitution of Nigeria but this same law recognize morality within the classical natural law, certain moral principles are universally applicable, they are often considered  universally applicable as they are superior to man-made rules of a society such that man-made rules no longer bind the conscience of the subject.

The fundamental human rights is a man made law, the Glorious Quran and Holy Bible frown at homosexuality and these are holy books used by majority of Nigerians ,so man-made laws should work hand in hand with them for it to stand.

Nigeria is a highly religious and conservative society that considers homosexuality a deviation and same sex marriage is alien to our culture and cannot be given a chance just the way polygamy is alien to western culture.

The natural law of jurisprudence state that ‘ this law of nature ,being coeval with mankind and dictated by God himself is of course superior to any other, it is binding over all the globe in all countries and at all times, no human laws are of any validity, if contrary to this and such of them are as valid derive all their force and all their authority, immediately from this original’

Thomas Hobbes the great philosopher agreed that law is identifiable as a social fact, but law and morality are inseparable so how is this bill a breach of fundamental human right if law and morality are inseparable, then this law can stand. Law is made to guide to people of a particular society, Nigeria in this case, the citizens are not complaining as the law is a reflection of the beliefs and orientation of Nigeria people and so far are pleased with it then the opinions by leaders of other countries cannot stand.

Nigeria reserve the right to make their own law without apology to other countries as President Goodluck Jonathan has done and that is what independence is called…………… a sovereign nation.

I say yes to anti- homosexuality law in Nigeria.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons) BL