* Senate Throws Open Debate on Prisoners’ Exchange as Falana Voices Dissent
Some gays and lesbians on Monday in Abuja openly criticised a bill seeking to prohibit same sex marriage in Nigeria.
They contended that the bill would make them refugees and asylum seekers in other countries.
Senate on Monday conducted a simultaneous public hearing on a Bill for an Act to Prohibit Same Sex Marriage as well as a Bill to Amend the Transfer of Convicted Offenders.
Dr Otibho Obianwu, spokesman of the Nigerian Lesbians, Gays, Bisexual, Transsexuals and Intersex Living in Diaspora, said consensual adult relationship should not be punished.
Obianwu, who made a presentation at the a public hearing on the bill, said:
“Many talented Nigerians are living in Diaspora openly as gays and lesbians. We contribute positively to the development of our country of residence.
“But we are afraid to come and live and contribute to the development of our motherland because of fear of victimisation.
“ We visit home with trepidation because at home we have to live a life of lies.’’
Obianwu said passing the bill would make gays and lesbians live pretentious lives in order to be accepted in the society.
“This double life is dangerous and unfair to all concerned and the society at large.
“ Lesbians, gays, bisexuals, transsexuals and intersex need to live their lives without fear of being stoned to death or portrayed as criminals,’’ he added.
John Adeniyi, a gay, also told the committee that passing a bill to prohibit same sex marriage would encourage heterosexual marriage as well as prevent homosexuals from getting quality medical care.
He further said: “There is a case where someone went to a hospital and instead of the doctor to treat him as a professional, he started shouting: make una come help me see o, I never see this kind of thing before. ’’
The Secretary General, Catholic Secretariat of Nigeria, Rev. Fr. Micheal Ekpeyong, in his presentation, said the church was in strong opposition to same sex marriage.
He said that it was immoral and contrary to God’s law since marriage exists solely between a man and a woman, adding that no ideology could change it.
“Man and woman by the mutual personal gift they give to each other, they not only perfect each other but also cooperate with God in the procreation and upbringing of children,’’ he said.
Earlier, Senate President David Mark said the concept of same sex marriage was offensive to Nigerian cultures and traditions.
“There are enough men and women to marry each other. The whole idea is the importation of foreign culture but this one would be freedom too much.
“It is offensive, it is repugnant. I will preach against it and we must stand up to reject same sex marriage in Nigeria,’’ he said.
UK Prime Minister David Cameron had at the Commonwealth Heads of Government meeting in Perth, Australia, threatened to withhold aid from governments that discriminate against homosexuals.
The Bill for an Act to Amend the Transfer of Convicted Offenders, on the other hand, seeks to remove the consent and verification procedure of returning convicted prisoners to serve their sentences in the country.
Speaking on the bill, Mark noted that the law was already in existence and only needed to be amended.
He was, however, of the view that each prisoner’s case must be treated according to its merit.
Mark urged Nigerians to present their views to the committee as it would be unfair to criticise after the bills had been passed into law.
He further said if Nigerian prisons were rehabilitated and well maintained, Nigerian convicts would be willing to come home to complete their sentences.
Opinions remain divided on the legality of swapping prisoners between Nigeria and other countries. Radical Lagos lawyer, Mr. Femi Falana, wrote an op-ed at the weekend in which he strongly disagreed with the position of the Nigerian government on the proposed swapping of inmates with Great Britain.
Said he: As part of the measures to decongest its overcrowded prisons the British Government recently approached the Federal Government for a deal to repatriate the over 1,000 Nigerian citizens in British prisons to serve out their sentences in Nigerian prisons. Without considering the legal implications of the deal and the interests of the Nigerian citizens involved in the deal the Federal Government is reported to have reached an understanding with the British Government on the so called Prisoner Exchange Agreement.
Convinced that the Federal Government has not been properly advised in the circumstances we are compelled to draw the attention of Distinguished Senators and the Honourable Members of the House of Representatives to the provisions of the following legislations:
1. By virtue of Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 every person shall be entitled to their personal liberty and no person shall be deprived of such liberty save in accordance with a procedure permitted by law which may include the “execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty” .
2. Under Article 6 of the African Charter on Human and Peoples Rights Act “no one may be deprived of his freedom except for reasons and conditions previously laid down by law”.
3. Under Section 3(3) of the Prisons Act “every superintendent is authorized and required to keep and detain all persons duly committed to his custody by any court, magistrate, justice of the peace or other authority lawfully exercising civil or criminal jurisdiction, according to the terms of any warrant or order by which any such person has been committed, until such person is discharged by due course of law”.
4. Section 253 of the Criminal Procedure Act provides that “A warrant under the hand of the judge or magistrate by whom any person shall have been sentenced or committed to prison for non-payment of a penalty or fine shall be full authority to the superintendent of any prison and to all other persons for carrying into effect the sentence described in such warrant not being a sentence of death”.
5. For the avoidance of doubt the terms “Judge”, “Magistrate” and “Justice of Peace” have been defined by Section 2 of the Criminal Procedure Act to mean a Judge, Magistrate or Justice of the peace appointed in accordance with any law of a State in Nigeria .
6. Thus, by the combined effect of the relevant provisions of the Constitution, the African Charter on Human and Peoples’ Rights and the Criminal Procedure Act the Federal Government lacks the power to reduce Nigeria to a dumping ground for foreign convicts from the United Kingdom or from any other foreign country.
In the light of the foregoing it is undoubtedly clear that the Authorities of Nigerian prisons have no powers to admit and keep persons who have not been committed to their custody by Nigerian courts or judges. In other words, Nigerian citizens tried, convicted and sentenced to prison terms by foreign courts cannot be admitted and kept in Nigerian prisons. Therefore, the neo-colonial Prisoner Exchange Agreement between the British and Nigerian Governments is illegal and unconstitutional in every material particular.
In view of the Rule of Law Policy of the Federal Government it is hoped that the illegal agreement will be terminated without any further delay. Should the National Assembly proceed with the passage of a law to back up the illegal Agreement we shall not hesitate to challenge its constitutional validity at the Federal High Court.