SAME-SEX IN NIGERIA

SAME-SEX IN NIGERIA

Historically, marriage has been defined as the joining of an adult man and woman with the intention of becoming spouses. The majority of global societies have always upheld the belief that marriage, namely between individuals of opposite genders, is the exclusive means through which sexual desire and human reproduction can be achieved. In pursuit of this objective, different legal systems around the globe have developed and enacted laws that govern the partnership and association between married individuals. Despite the enactment of multiple laws governing the behaviour and rules of marriage in society, there are still persistent difficulties afflicting the institution of marriage. One of these issues involves the misunderstanding of the fundamental nature of the institution of marriage. The definition of marriage has been a contentious topic in recent times, particularly due to the emergence of new marriage models worldwide. The trend has facilitated a movement to redefine the concept of “marriage” to encompass same-sex marriage, so providing a basis for legitimising homosexuality and lesbianism. The concept of same-sex marriage is increasingly prevalent in Nigeria, however it is widely regarded by many Nigerians as being in conflict with societal norms, beliefs, and state policy. Consequently, the Nigerian Federal Government deemed it illegal, thereby classifying it as a punishable offence according to the law. First and foremost, The term “marriage” in English is believed to be sprung from the old French word “marier,” meaning “to marry.” According to the Oxford English Dictionary, marriage refers to the legally or formally acknowledged partnership between a man and a woman in a relationship. The Dictionary has endeavoured to redefine marriage in order to incorporate the notion of same-sex marriage, although it has not yet been fully realised. Currently, the term “marriage” is commonly understood as a formal union between a man and a woman, with the intention of becoming spouses. Nevertheless, the Dictionary has made minor annotations with the intention of appropriating the notion of same-sex marriage while redefining the term. The annotation states that in certain countries, marriage can be defined as a partnership between partners of the same sex. Despite the annotation, activists and supporters of same-sex marriage are not content with the definition. They argue that the annotation itself is discriminatory and question why it cannot be incorporated and included in the main text. Thus, despite the unique characteristics of the Oxford English Dictionary, including its historical documentation and linguistic excellence, many individuals nonetheless find the current re-definition inadequate. The ongoing debate over the definition of marriage has had a significant influence on the enactment of same-sex marriage legislation in the United Kingdom. Despite the fact that the definition of marriage in the UK has already been altered prior to the enactment of the same-sex marriage legislation in the country.

The concept of same-sex marriage has been a recurring and contentious topic in the world, particularly due to the illegality of this practice in many nations. The term “Same-Sex Marriage” refers to a legal partnership between two individuals of the same gender who intend to live together as spouses. The enactment of the Same-Sex Marriage (Prohibition) Bill 2011 by the Nigerian Authority in January 2014 has sparked a significant issue around homosexuality and same-sex marriage in Nigeria. The legality of this matter has attracted significant interest from both domestic and international audiences. Consequently, certain advocates and activists of same-sex marriage started to denounce the actions of the Nigerian Authority. Therefore, in their view, the enactment of the Act has violated the rights of the minority group known as Lesbians, Gays, Bisexuals, and Transgender (LGBT) in the country. Consequently, they argue that the Act is in contravention of the International Human Rights law that has been ratified and incorporated into the country’s constitution. The activists argued that the alleged action of the Nigerian Government amounted to the violation of several rights, including the right to freedom of thought and conscience, freedom from discrimination, the right to freedom of private and family life, as well as the freedom of association and peaceful assembly, as stated in the Nigerian constitution of 1999. While there may be differing opinions, certain proponents of same-sex marriage attribute the prohibition of such marriages in Nigeria to the country’s colonial rulers. These rulers not only criminalised same-sex marriage, but also included provisions in the penal laws to enforce this prohibition. According to activists, the current anti-gay law in Nigeria is believed to have been influenced by colonial laws inherited from the colonial masters. These activists argue that the colonial masters have changed their stance on same-sex marriage, shifting from criminalising it to legalising it, which they view as progress and advancement. Furthermore, proponents argue that the ban on same-sex marriage has been impacted by the Shari‘ah legal system, which is in effect in the Northern region of the country. The concept of same-sex marriage has been a recurring and contentious topic in the world, particularly due to the banning of this practice by several countries. The term “Same-Sex Marriage” refers to a legal partnership between two individuals of the same gender who intend to live together as a married pair. The passage of the Same-Sex Marriage (Prohibition) Bill 2011 by the Nigerian Authority in January 2014 has sparked a significant outcry regarding homosexuality and same-sex marriage in Nigeria. The legality of this matter has garnered significant attention from both domestic and international observers. Consequently, certain advocates and activists of same-sex marriage started to denounce the actions of the Nigerian Authority. Therefore, in their view, the enactment of the Act has violated the rights of the minority group known as Lesbians, Gays, Bisexuals, and Transgender (LGBT) in the country. Consequently, they argue that the Act is in breach of the International Human Rights law that has been ratified and incorporated into the country’s constitution. The activists argued that the alleged action of the Nigerian Government amounted to the violation of several rights, including the right to freedom of thought and conscience, freedom from discrimination, the right to freedom of private and family life, as well as the freedom of association and peaceful assembly, as stated in the Nigerian constitution of 1999. While there may be differing opinions, some proponents of same-sex marriage argue that the Nigerian colonial rulers are responsible for the ban on same-sex marriage. They not only criminalised such marriages before leaving, but also included provisions in the penal laws to enforce this prohibition. According to activists, the current anti-gay law in Nigeria is believed to have been influenced by colonial laws inherited from the colonial masters. These activists argue that the colonial masters have changed their stance on same-sex marriage, shifting from criminalising it to legalising it, which they view as progress and advancement. Furthermore, certain proponents argue that the ban on same-sex marriage has been impacted by the Shari‘ah legal system, which is specifically enforced in the Northern region of the country. Twenty-nine Homosexuality is an innate characteristic found in a certain proportion of the population. Consequently, it is not a matter of personal preference, as no one would willingly opt to be part of a marginalised group in society. The aforementioned organisation has cited the Nigerian constitution, which it believes ensures the protection of fundamental human rights for all citizens. In a parallel instance, several NGOs including Amnesty International, Human Rights Watch (HRW), and the International Gay and Lesbian Human Rights Commission (IGLHRC) have jointly submitted a Memorandum to the Senate regarding the Bill. They emphatically implore the Nigerian Senate to refrain from enacting the Same-Sex Marriage (Prohibition) Bill 2011 into law, as it contravenes the Nigerian Constitution. Nevertheless, the Nigerian administration disregarded the outcries and condemnations from foreign organisations. The Government, in an official statement, made its position clear to the international community during the Council meeting of the UN Human Rights which endorsed the adoption of rights of gay, lesbian and transgender people not to be discriminated. The resolution was resulted into serious condemnations by some UN member-countries that are not in support of it. Hence it was against this backdrop, the Nigerian Government through its representative, issued a statement that the UN could be turned into a “guinea pig” of policies that cannot be implemented by member states. He affirmed that same-sex marriage is a criminal offence punishable with imprisonment up to 14 years in the country and that the country is determined to uplift the people’s morals. However, the position of Nigeria did not go down well with some international community, for it has threatened to limit the rights of sexual minorities.46 In January 2006, the Nigerian Minister for Justice presented to the Nigerian Federal Council a Bill that would punish any person engaging in same-sex marriages and matters related thereto. Such a bill according to some opinions launches a vigorous attack on freedom of peaceful assembly and association, as well as right to freedom from discrimination in Nigeria.90 The Same-Sex Marriage (Prohibition) Bill 2011 was signed into law in January 2014. The Act contains some provisions which among other things prescribed the punitive measures against anyone who violates the provisions of the Act. Specifically, the Act prescribed up to 14 years imprisonment against any person who enters into a same-sex marriage contract and against any same-sex couples that cohabit. Similarly, the Act criminalises the formation, operation and support of ‘gay clubs, societies and organisations, hence by prescribing a punishment which attracts up to 10 years imprisonment against such violators. However, the Act is alleged to have been in contravention of the Nigerian Constitution 1999, particularly the Chapter Four of the Constitution which deals with the right to privacy; right to freedom of expression; and right to freedom of peaceful association.91

Even before the implementation of the anti-gay legislation in Nigeria, the Nigerian criminal laws already included measures to penalise the practice of homosexuality in the country. Therefore, the anti-gay law appears to be a longstanding occurrence inside the Nigerian legal system. The primary difference between the previous laws and the present one is that the latter is consolidated in a separate code known as the “Same-Sex Marriage (Prohibition) Act”, while the past laws were dispersed among several penal and native laws of the country. Homosexuality has been deemed unlawful in the Southern portion of Nigeria according to the Nigerian Criminal Code Act 1990. According to this provision, anyone who engages in sexual intercourse with an animal, engages in homosexual activity with a man, or engages in sexual intercourse with a woman in a way that goes against the natural order, will be considered guilty of a felony. Upon conviction, they will face a jail sentence of fourteen years. One hundred and two Similarly, the Act stipulated a maximum penalty of seven years imprisonment for attempted homosexuality. The phenomenon of same-sex marriage is an emerging pattern that, in addition to having legal ramifications, also adversely affects the religious, cultural, traditional, and moral fabric of Nigeria. Until recently, the subject was unpopular with the Nigerian population, but it has now become a recurring topic. Conversely, the Nigerian religions, conventions, and traditions have long acknowledged the notion of human rights. Islamic law, which is applicable in the Northern region of Nigeria, ensures the safeguarding of human rights. Furthermore, numerous rituals and traditions in the nation have also acknowledged the safeguarding of human rights as a symbol of prestige and reverence for human dignity and individuality. In Nigeria, the faiths and customs strictly define marriage as a relationship exclusively between a man and a woman, with the intention of becoming spouses. In a similar vein, Nigerian legislation has likewise expanded on this concept and thus prohibits same-sex marriage due to its conflict with public policy and morals. The Nigerian constitution guarantees the rights to privacy and family life, freedom of conscience, thought, and religion, freedom of peaceful assembly and association, and freedom from discrimination. Nevertheless, it is important to note that these rights cannot be implemented or upheld in violation of other constitutional articles and main legislation within the nation. The human rights provisions in the Constitution should not be read separately from other relevant articles. The Same-Sex Marriage (Prohibition) Act in Nigeria is a direct result of the authority granted to the legislature by the Constitution of the Federal Republic of Nigeria. It was enacted to establish laws that promote peace, order, and good governance in the country. It is evident that the rights of human beings must be safeguarded, but this should not include infringing upon or undermining other articles in the Constitution or the primary legislation of the country. Hence, the regulations outlined in the SSMPA do not violate the Nigerian Constitution in any manner. The enactment procedure and the Act itself are both legally and constitutionally valid.

REFERENCES

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