By Ushang Ewa
A Federal High Court sitting in Abuja has thrown out a suit seeking to legalize the formation of a same sex group, “Lesbian Equality and Empowerment Initiatives.”
The case with suit number: FHC/ABJ/CS/827/2018 was filed by Obudu born lesbian rights activist, Pamela Adie against the Corporate Affairs Commission (CAC).
And, the court presided over by Justice Nnamdi Dimgba on Friday last week held that the decision of CAC not to register the group was in compliance with section 30 (1) (c) of the Companies And Allied Matters Act (CAMA) Cap C20 Laws of Federation of Nigeria 2004.
Vanguard reports that the court also held that where the proposed name of a company or its aims and objectives are caught by the provisions of Section 30 (1) (c) of CAMA, the Respondent (CAC), is duly empowered to reject such an application for reservation of name or registration.
According to Justice Dimgba, “Section 30(1) (c) of CAMA reads; ”No company shall be registered under this Act by a name which- (c) in the opinion of the Commission is capable of being misleading as to the nature or extent of its activities or is undesirable, offensive or otherwise contrary to public policy.”
The Applicant, Mrs. Adie, sometime in October 2017 founded “Lesbian Equality and Empowerment Initiatives” whose objective was primarily to advocate for the rights of same sex sexual orientation people.
The Applicant in a quest to register the association applied to the Respondent, Corporate Affairs Commission, CAC, through her solicitor, Fajenyo Kayode for the reservation of the name “Lesbian Equality and Empowerment Initiatives.”
The Respondent declined to approve the proposed name on the ground that it was misleading and contrary to public policy.
The Applicant through her lawyer Mike Enahoro-Ebah petitioned, albeit unsuccessfully, the Registrar General of the Respondent to rescind its earlier decision rejecting the name.
Based on the refusal of the Respondent to approve the proposed name the Applicant applied to the Court for redress.
The Respondent contended that the name sought to be registered by the Applicant cannot be approved because it is misleading, offensive, contrary to public policy and violates an existing law that prohibits same-sex marriage in Nigeria.
The parties approached the Federal Hih court to determine the true position of things.
Justice Dimgba in his Judgment refused the prayers of the applicant and dismissed the applicant suit.
The court held that in so far as the Same Sex Marriage (Prohibition) Act is still much operative in Nigeria and has not been repealed, the right to form same sex and gay unions and associations is prohibited and CAC is right to have rejected the application for being in contravention of public policy and morality.
CrossRiverWatch had reported that Adie who married her partner in June 2017, shocked family and friends in 2011 when she came out to declare openly that she’s a lesbian. She used to be married to a man.
Raised by strict Catholic parents in Calabar, the Cross River State capital, Pamela left for the United States at age 17 where she earned a Bachelor of Business Administration, with a Minor in Personal and Professional Communication.
She said she had her first same-sex relationship even before she travelled abroad and having been in a same-sex relationship for years, she thought her marriage would save her from being lesbian, but never did.
Also, she said she maintains a good relationship with her father while her mother is yet to come to terms with her sexual orientation.