Justice Osai Ahiakwo, a lawyer and public affairs analyst, has publicly questioned the authority of the Cross River State House of Assembly to move forward with a bill aimed at banning same-sex marriage. He contends that the state legislature lacks the constitutional mandate to enact such a measure.
This opposition emerged shortly after the assembly completed the second reading of the bill, which intends to outlaw same-sex unions within the state. Ahiakwo clarified that the debate is not about the morality of the practice, but rather the legal jurisdiction of the state government.
He pointed out that the federal government already addressed this with the Same Sex Marriage (Prohibition) Act of 2013. According to Ahiakwo, Section 4 of the 1999 Constitution and Item 61 of the Exclusive Legislative List grant the National Assembly sole authority over matters of marriage. Consequently, he argued that state-level legislation that overlaps with existing federal law is unconstitutional, citing the 2014 Supreme Court ruling in Attorney-General of Lagos State v. Attorney-General of the Federation.
Ahiakwo warned that continuing with the bill could result in a misuse of public funds and unnecessary legal friction. He has called upon the state assembly to halt the proceedings until a thorough constitutional review of their legislative authority is conducted.