The plaintiff, Mr. Teriah Joseph Ebah, is asking the court to stop the federal government from implementing the act.
In an originating summons, the plaintiff’s counsel, Mr. Mike Enahoro, is seeking a declaration that the Same Sex Marriage (Prohibition) Act 2013, violates the citizens fundamental rights.
He is asking the court for a declaration that the provisions of the Same Sex Marriage (Prohibition) Act, 2013 particularly sections 1(1) (a) & (b), (2), 2(1) &(2) and 3 contravene the fundamental rights of citizens as enshrined in Section 42 (1)(a) & (b) of the 1999 Constitution and Articles 2,3 (1) and (2), 19 and 29 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and is accordingly unconstitutional, null and void.
The plaintiff also wants the court to declare that the provisions of the act violate sections 37, 38 and 40 of the constitution.
He therefore seeks an order of perpetual injunction restraining the federal government from enforcing the provisions of the Same Sex Marriage (Prohibition) Act, 2013 particularly sections 1,2,3,4 and 5 of the said Act.
The plaintiff had asked the court to determine whether the provisions of the act do not violate citizens rights as provided for by the constitution.
He further asked the court to determine whether the act is not an impediment and constituting disabilities to citizens’ fundamental human right.