In case you don’t know, Section 40 of the 1999 Constitution says, “Every person shall be entitled to assemble freely and associate with other persons…”
Meanwhile, the Same Sex Prohibition Act states that “…operation and sustenance of gay clubs, societies, organisations, processions or meetings in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.”
I stand corrected but is that not a contradiction?
Also, consider that the said ’42 homosexuals’ were only in an “assembly” and no evidence has yet been given that they were actually found having anal sex.
Therefore, there is something fishy about the arrests to the extent of its inconsistency with the Constitution of the Federal Republic of Nigeria.
It is equally important to note that Section 42 (2) is not subject to any constitutional limitation or drawback.
Section 45 of the 1999 Constitution which delimits the fundamental rights enshrined in sections 37,
38, 39, 40, and 41 of the same Constitution does not affect Section 42.
Omoleye Omoruyi… an apprentice web/game developer, novelist, sensitive to happenings in the world. Meet him @Lord_rickie on Twitter/Instagram
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