Samoa Agreement: Catholic Bishops urge FG to propose new amendment

The Catholic Bishops Conference of Nigeria (CBCN) has urged the Federal Government (FG) to propose a new amendment to the Samoa Agreement given that Nigeria has already signed the document.

“We, the Catholic Bishops of Nigeria, as watchmen and guides, deeply committed to the sound moral, religious, and cultural growth of our dear country, hereby clearly highlight what the Samoa Document portends for the future of Nigeria and Nigerians and call on our government to, as a matter of urgency, propose an amendment of the Agreement or withdraw from it.”

The CBCN disclosed this in a statement issued on Thursday July 11, 2024 and jointly signed by Lucius Iwejuru Ugorji, Archbishop of Owerri and president, CBCN, and Donatus A. Ogun, Bishop of Uromi and Secretary, CBCN.

Tagged, ’Threats to the sovereignty and values of Nigeria in the Samoa Agreement’, the CBCN stated that if Nigeria takes the lead in calling for amendments to the Samoa Agreement and its protocols, other states in the African Caribbean and Pacific regions may more likely follow suit.

According to the CBCN, if accepted, the amendment will go a long way in preventing SRHR from becoming international through an economic partnership agreement. “Nothing in this binding Agreement can be interpreted to include any obligations regarding sexual orientation, gender identity, comprehensive sexuality education, abortion, contraception, legalisation of prostitution, same-sex marriage, or sexual ‘rights’ for children.”

The CBCN stated further that Nigeria should withdraw from the Samoa agreement if the European Union (EU) rejects the proposed amendment. “A precedent has already been set by South Africa, which withdrew from the Cotonou Agreement in 2023.”

According to the CBCN, the economic partnership agreement between the EU and African, Caribean and Pacific (ACP) countries covers six main areas, including democracy and human rights, sustainable economic growth, climate change, human social development, peace and security, migration and mobility.

Accordingly, the CBCN stated that it is concerned that civil authorities in Nigeria may not be fully aware of the implications of the document, which threaten Nigeria’s national sovereignty and values.

“The agreement looks innocuous and attractive on the surface but underneath it is carefully blended with post-modern secularistic ideologies that significantly undermine the moral, cultural, and religious beliefs of Nigerian citizens.”

The Samoa Agreement is the third edition of the Lomé Convention of 1975. The 1st edition was originally a trade and aid agreement between the European Economic Community (EEC) as it was then (former colonial masters) and African, Caribbean and Pacific (ACP) states (former colonies). Its 2nd edition was called the Cotonou Agreement. It was a Treaty signed by the European Union (EU) and the ACP states in 2000.

The Samoa Agreement replaced the Cotonou Agreement and was signed off by 44 ACP states out of 79 member countries on 15 November 2023 in Apia, Samoa. Nigeria did not sign it due to concerns with the language relating to sovereignty and African values. It is, however, the case that on 28 June 2024, just days away from the Nigeria – EU business summit held in Abuja on 2 July 2024, Nigeria signed it.

On the legal effect of the signing the agreement, the CBCN stated that signing of the agreement by the state parties makes it final. However, it will then defer to the domestic processes of each country. The statement further highlighted that in international law, when the state signs a treaty, it indicates its intention to be bound by it in the future, and it demonstrates its support for the principles and goals of the treaty and its willingness to consider ratifying it in the future.

However, given the secrecy surrounding Nigeria’s signing of the Samoa Agreement, the CBCN stated that it is unclear whether the signature was tendered subject to ratification, acceptance, or approval.

“Ordinarily, signing a treaty creates an obligation to refrain, in good faith, from acts that would undermine its object and purpose (Arts 10 &18, Vienna Convention on the Law of Treaties 1969). Signing a treaty serves as an intention to be bound by it when it is enforced. Under article 98.3 of the Samoa Agreement, Nigeria, by signing it, bound itself to recognise the validity of any measure taken to implement the agreement after the date of its entry into force.

“Its signing makes Nigeria surrender its position as a persistent objector to the impugned language during negotiations in several international fora. Most of Africa has always counted on the leadership of Nigeria to contest anti-life, anti-family, anti-culture and anti-African values at the United Nations.”

The CBCN disclosed further that the decision not to sign the Samoa Agreement in November 2023 was consistent with Nigeria’s persistent objection to those issues. It stated further that its signing has weakened the persistency and consistency of the objection that Nigeria has always had.

“The African Bar Association, with headquarters in Nigeria, warned ACP countries to be cautious about the Samoa Agreement. (AfBA communiqués Niamey 2021, Lilongwe 2022, Pretoria, 2023).

“By signing the agreement, therefore, Nigeria has committed to complying with the impugned and contentious provisions of the Samoa Agreement. Nigeria cannot roll back on contentious provisions without breaching the agreement,” CBCN posited.