Connect with us

Judgement

Strasbourg Court Rules: No Right to Same-Sex Marriage Under European Convention on Human Rights

Published

on

By Our Correspondent

In a landmark ruling, the European Court of Human Rights (ECHR) in Strasbourg has unanimously determined that there is no inherent right to same-sex marriage under the European Convention on Human Rights. The decision, rendered by 47 judges representing the 47 member states of the Council of Europe, marks a significant moment in the ongoing debate over same-sex marriage across Europe.

The ruling, which has drawn surprisingly little media attention, was based on a variety of philosophical, anthropological, and legal considerations. The court’s interpretation of Article 12 of the European Convention on Human Rights was central to its decision. Article 12 enshrines the right to marry but does not explicitly guarantee this right to same-sex couples.

The judges asserted that the notion of family, as traditionally understood, pertains specifically to the union between a man and a woman. The court held that there is no obligation under the Convention for member states to open marriage to persons of the same sex. This interpretation aligns with similar provisions in other international treaties, such as Article 17 of the American Convention on Human Rights (San José Pact) and Article 23 of the International Covenant on Civil and Political Rights.

Furthermore, the court addressed concerns about discrimination, stating that governments are not compelled to extend marriage rights to same-sex couples and that reserving marriage for heterosexual couples does not constitute discrimination under the Convention.

The ruling comes amid ongoing debates over the legal recognition of same-sex relationships across Europe. While several European countries have legalized same-sex marriage, this judgment reinforces the principle that such decisions remain within the purview of individual states.

The court’s decision is expected to influence future legal interpretations and legislative actions regarding same-sex marriage in Europe. However, it has also sparked controversy and concern among LGBTQ+ advocacy groups, who argue that the ruling could hinder progress toward equal rights.

As this significant legal development unfolds, it is crucial for the public to be informed. The ruling underscores the complexity of balancing traditional views of marriage with evolving societal norms and the protection of human rights.

This judgment may not be widely covered in mainstream media, but its implications for the rights of same-sex couples across Europe are profound. As discussions on this topic continue, the role of national governments in determining marriage laws remains a pivotal issue in the broader human rights discourse.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Court

Court Set to Rule on APC Balanga/Billiri Primary Controversy

Published

on

By Our Political Reporter

The Federal High Court No. 2 sitting in Gombe has reserved judgment in a suit challenging the emergence of the All Progressives Congress (APC) candidate for the Balanga/Billiri Federal Constituency ahead of the 2027 general elections.

The suit was instituted by an APC aspirant, Mr. John Alfred, who is challenging the victory of Hon. Ali Isa J.C. as the party’s candidate for the House of Representatives seat.

Counsel to the plaintiff, Barrister Ahmed Musa, told the court that no valid APC primary election was conducted in the Balanga/Billiri Federal Constituency on May 18, 2026, as required by law. He alleged that no election took place in any of the 20 wards across Balanga and Billiri Local Government Areas, yet the APC declared Hon. Ali Isa J.C. as the winner of the primary election.

The plaintiff urged the court to nullify the declaration of Hon. Ali Isa J.C. as the APC candidate and order the APC and the Independent National Electoral Commission (INEC) to conduct a fresh primary election, arguing that the process was marred by substantial irregularities.

In his defence, counsel to the first defendant, Hon. Ali Isa J.C., J.J. Adamu, SAN, filed a motion on notice alongside a preliminary objection, urging the court to dismiss the suit. He maintained that the APC primary election was validly conducted across the Balanga/Billiri Federal Constituency.

The senior lawyer further informed the court that Hon. Ali Isa J.C. resigned from the Peoples Democratic Party (PDP) on April 14, 2026, relinquished his position as the Minority Leader in the House of Representatives, and subsequently obtained valid membership of the APC before participating in the party’s primary election.

He relied on Order 4 Rule 6 of the Federal High Court Practice Directions, arguing that the plaintiff’s suit lacked merit and should be struck out.

Also, counsel to the APC, Barrister Muzzammil Yahaya, raised a preliminary objection challenging the competence of the suit and the jurisdiction of the court to entertain the matter. He urged the court to dismiss the case for being incompetent.

Counsel to the Independent National Electoral Commission (INEC), Barrister Bashi M. Abubakar, told the court that the commission monitored the APC primary elections across Gombe State and confirmed that it has the official list of candidates who emerged from the exercise.

After listening to the submissions of all parties, the presiding judge, Justice Verah Eneibor Ibrahim, reserved judgment and said a date for the delivery of the judgment would be communicated to all parties through their respective counsel.

Continue Reading

Judgement

Gombe High Court Slams ₦1.5 Million Fine on Four Over Land Trespass

Published

on

By Editor Daily Fact

The Gombe State High Court, presided over by the Chief Judge, Justice Halima Sadiya Mohammed, has convicted four individuals for unlawful trespass on a parcel of land belonging to Alhaji Hammadu Masu, after years of legal battle over ownership.

Delivering judgment in the case, Justice Mohammed ordered the defendants to jointly pay the sum of ₦1 million as exemplary damages and an additional ₦500,000 as legal costs to the plaintiff. The court further directed them, their agents, and assigns to desist immediately from any further trespassing on the disputed property.

The case, which has lingered for nearly a decade, traces back to a ruling by Justice Sa’ad Mohammed of High Court No. 2 in Gombe, who had earlier declared Alhaji Hammadu Masu as the rightful owner of the land about nine years ago. Despite that judgment, the defendants reportedly continued encroaching on the property, prompting the latest legal action.

In her ruling, Justice Halima Sadiya Mohammed emphasized that the plaintiff had proven his case beyond reasonable doubt, and that the defendants’ continued trespass amounted to a blatant disregard for the rule of law and previous court decisions.

The convicted individuals include Ibrahim Bello, Babawuro Buba Biri (also known as Mohammed B. Loddo), Sulaiman S. Ahmed, and the Surveyor General of the Ministry of Lands and Survey, Gombe State.

The court’s decision has been hailed by legal observers as a clear signal that land rights and court judgments must be respected, especially by public officials and individuals entrusted with enforcing land administration laws.

Residents of the area where the disputed property is located have expressed relief over the judgment, describing it as a “victory for justice and lawful ownership.”

Continue Reading

Judgement

Court Orders Bauchi Govt to Pay N100m, Apologize to Ex-Accountant General Over Rights Violation

Published

on

By Khalid Idris Doya

The Federal High Court sitting in Bauchi has ordered the Bauchi State Government to pay the sum of N100 million in general and exemplary damages and publish a public apology in two national dailies to the former Accountant General of the state, Dr. Saidu Abubakar.

The judgment followed a fundamental rights enforcement suit filed by Dr. Abubakar over what he described as illegal arrest, intimidation, harassment, and detention by state agents in connection to his official duties.

Delivering the judgement in suit No. FHC/BAU/CS/43/2024, Justice Aminu Garba ruled that the action of the respondents including Inspector General of Police, Bauchi State Commissioner Of Police, Bauchi State Government, State Security Service (SSS), Attorney General Of Bauchi State, and the Bauchi State Public Complaint Commission, were unconstitutional and a breach of the applicant’s fundamental rights.

The court declared that “Threat, intimidation, unlawful arrest and detention of the applicant by Agents of the respondents with respect to his official duties and functions as Accountant General of Bauchi State is unconstitutional, illegal, unlawful, null and void, and a breach of the applicant’s fundamental Rights pursuant to sections 34(1), 35, 36, 41(1) and 46(1) of the Constitution of the Federal Republic of Nigeria (as amended); Articles 4,5,6 and 12 of the African charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of Federation(LFN 2004).”

The court ruled that the respondents are not statutorily empowered to direct their agents to harass, intimidate, arrest and detain the applicant without recourse to due process.

The court ruled that the continued detention of the Dr. Abubakar from 9 to 25th September, 2024 is a breach of his Fundamental Right to freedom of liberty, right to movement and the right to dignity of human person as provided under Sections 34,35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The judge said the continuous detention of the Applicant from 9 to 25 September, 2024 by the Agents of the Respondents without Trial, is illegal, null and void and a flagrant violation of the Applicant’s fundamental Right Pursuant to Section 35(5) of the constitution of the Federal Republic of Nigeria,1999 (as amended).

It further issued an order of perpetual injection restraining the respondents, their agents from further harassment, intimidation, arrest or detention of the applicant with respect to the exercise of his statutory duties.

The court awarded the sum of the sum of N100,000,000.00 (One Hundred Million Naira) as general and exemplary damages against the respondents jointly and severally in favour of the Dr. Abubakar as compensation for the violation of his Fundamental rights, harassment, psychological trauma and for the inconveniences occasioned there from.

The court further directed that a public apology be published in two national newspapers within 14 days of the judgment (from July 1, 2025), with a formal notification to the applicant.

Additionally, the court struck out the name of the fourth respondent, the State Security Service, for lack of sufficient evidence against them.

Efforts to get reactions from the Bauchi State Government proved abortive.

Several calls and messages to the state Attorney General and Commissioner for Justice, Hassan Usman El-Yakub (SAN), as well as the Commissioner for Information and Communications, Hon. Usman Shehu Usman, were unanswered at the time of filing this report.

Continue Reading

Trending

Copyright © 2017 Zox News Theme. Theme by MVP Themes, powered by WordPress.