This Samoa agreement shouldn't be an issue, even though I've lend my voice.
Now let me make it clear for the laymen here, according to the our constitution, an international agreement or law can supersede a domestic law in certain circumstances.
Section 12(1) of the Nigerian Constitution states that:
"A treaty shall not have the force of law except to the extent to which any such treaty has been enacted into law by the National Assembly."
This means that an international treaty or agreement does not automatically become part of Nigerian law. However, if the National Assembly passes a law implementing the treaty, it becomes part of Nigerian law and can supersede existing domestic laws.
Additionally, Section 12(2) states that:
"The National Assembly may make laws for the implementation of any treaty to which Nigeria is a party."
This provision gives the National Assembly the power to enact laws to implement international treaties, which can then supersede conflicting domestic laws.
In practice, this means that if there is a conflict between an international agreement and a domestic law, the international agreement will prevail if it has been enacted into law by the National Assembly. However, if the international agreement has not been enacted into law, the domestic law will prevail.
It's worth noting that the Nigerian Constitution also provides for the supremacy of the Constitution itself, stating that any law that is inconsistent with the provisions of the Constitution is null and void. Therefore, even if an international agreement is enacted into law, it cannot supersede the Constitution.
So once again, Samoa agreement shouldn't be an issue!
“FACT-CHECK: Are there LGBT clauses in Samoa Agreement Nigeria signed? - Premium Times”
