Recognition of same-sex unions in Nigeria

Nigeria does not recognize same-sex marriages or civil unions for same-sex couples. Homosexuality among men is punishable with up to 14 years' imprisonment in Southern Nigeria and may result in capital punishment for men in areas under Sharia Islamic law in the northern part of the country. Individuals who "perform, witness, aid or abets" a same-sex marriage may face severe penalties.

Part of the LGBT rights series
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  6. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Residency rights for foreign spouses of legal residents.
  8. Unregistered cohabitation or maitri karar–type contractual relationships, but they are not legally binding.
  9. Some cities and prefectures issue partnership certificates, though not legally formalized.
  10. Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  11. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
  12. Hospital visitation rights through a "legal representative" status
* Not yet in effect
LGBT portal

Same Sex Marriage (Prohibition) Act 2013
Main article: Same Sex Marriage (Prohibition) Act 2013
Same-sex sexual activity legal
  Same-sex marriage
  Limited recognition (foreign residency rights)
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books but not enforced
  Enforced death penalty

On January 18, 2007, the Federal Executive Council proposed a bill prohibiting same-sex marriages and urged the National Assembly to pass it urgently. According to the Minister of Justice, Bayo Ojo, the bill was pushed by President Olusegun Obasanjo following the International Conference on AIDS and Sexually Transmitted Infections in Africa (ICASA) in Abuja in 2005. The bill would call for five years' imprisonment for anyone who undergoes, "performs, witnesses, aids, or abets" a same-sex marriage. It would also prohibit any display of a "same-sex amorous relationship" and adoption of children by gays or lesbians.[1] The bill received little to no opposition in Parliament. It would also prescribe five years' imprisonment for involvement in public advocacy or associations supporting the rights of lesbian and gay people, including a ban on any form of relationship with a gay person.[2]

In February 2006, the United States Department of State condemned the bill. In March 2006, 16 international human rights groups signed a letter condemning the law, calling it a violation of freedoms of expression, association and assembly guaranteed by international law as well as by the African Charter on Human and Peoples' Rights and a barrier to the struggle against the spread of HIV/AIDS. An estimated 3 million people live with HIV/AIDS in Nigeria.[3] The bill was not passed before the 2007 elections.

A similar draft bill was proposed in 2013. It states: "A person who registers, operates or participates in gay clubs, societies or organizations, or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offense and is liable on conviction to a term of 10 years." It passed Parliament with little opposition,[4] and was signed into law by President Goodluck Jonathan on January 7, 2014 as the Same Sex Marriage (Prohibition) Act 2013 (SSMPA).[lower-alpha 1] The law voids marriage contracts between people of the same sex and bans persons from aiding and abetting same-sex marriages.[6][7] Proponents of the legislation cited their Christian faith and culture to support the law. Critics contended that local cultures did not explicitly forbid same-sex marriages and relations. For instance, an Ìyá Ṣàngó (Yoruba: [ì.já ʃã̀gó]) is a female priestess of Shango, the deity of thunder and lightning in the Yoruba religion, who during trance possession is no longer viewed as a woman and is seen to marry Shango at the metaphysical level, becoming a man.[8]

Aftermath and arrests

A case, Mr. Teriah Joseph Ebah v. Federal Republic of Nigeria, challenging the constitutionality of the law was dismissed in October 2014 for lack of standing.[9] In 2018, several LGBT activists said to their knowledge that the law had never been used to convict anyone in any same-sex marriage-related case. According to the activists, this is because the law is "incoherent", and many cases involving suspected LGBT persons lack proper evidence, making it "impossible for prosecutors to present a winnable case and prove that any crime has been committed".[10] Nevertheless, "because of this law, the police treat people in any way that they please. They torture, force people to confess, and when they hear about a gathering of men, they just head over to make arrests."[11] In 2018, a group of 47 men were arrested in Lagos for allegedly being "initiated into a gay club". The men said they were attending a birthday party. This case was widely seen as a test case on whether the law could be used to prosecute. Judge Rilwan Aikawa of the Federal High Court of Nigeria dismissed the case for lack of evidence in October 2020.[12] In October 2020, LGBT activists also used the End SARS protests in Nigeria to demand an end to marginalization of the LGBT community in Nigeria.[13]

The Kano State Hisbah Corps arrested 12 young men in January 2015 in Kano on suspicion of planning a same-sex wedding. The men denied it, saying they were planning a friend's birthday party. Similarly, the police force arrested 11 young women in 2018 on charges of planning a lesbian wedding. The women refuted the charges, saying they were celebrating the appointment of their dance club's president. In December 2022, 19 people were arrested on similar charges. None of these cases have resulted in a conviction.[14] In August 2023, 69 people were arrested in Warri for allegedly participating in a same-sex marriage. The police livestreamed the arrest on their Facebook page, a practice the Federal High Court had ruled illegal in 2022.[15] They were released on bail the following month.[16] In October 2023, 76 people were arrested in Gombe State on suspicion of planning a same-sex wedding.[17]

Public opinion

A 2015 opinion poll conducted by NOIPolls in partnership with the Initiative for Equal Rights and the Bisi Alimi Foundation showed that 87% of Nigerians supported the Same Sex Marriage (Prohibition) Act 2013.[18]

A Pew Research Center poll conducted between February and May 2023 showed that 2% of Nigerians supported same-sex marriage, 97% were opposed and 1% did not know or refused to answer. Christians and Muslims were equally likely to oppose same-sex marriage.[19]

See also

Notes
  1. In the national languages of Nigeria:
    • Yoruba: Òfin Kánnà Ìbálòpọ̀ Ìgbéyàwó (Ìdínàmọ̀) 2013, pronounced [òfĩ̄ k͡pã́nà ìbálòk͡pɔ̀ ìɡ͡bé.jàwó ìdĩ́.àmɔ̀]
    • Igbo: Iwu nke Alụmdi na Nwunye Nwoke na Nwanyị (Mmachibido iwu) 2013
    • Hausa: Dokar Aure na Jima'i (Haramtarwa) 2013,[5] pronounced [dòːkáːɽ ʔáuɽéː ná (d)ʒìmáːʔìː hàrámtârwáː]

References
  1. "Nigeria: Obasanjo Must Withdraw Bill to Criminalize Gay Rights", Reuters AlertNet. March 23, 2006. URL accessed on March 26, 2006
  2. Sogunro, Ayo (2 June 2013). "Why You Should Be Worried About Nigeria's Anti-Gay Law". ayosogunro.com. Retrieved 20 March 2014.
  3. Abayomi Awofala, Awoyemi; Emmanuel Ogundele, Olusegun (2018). "HIV epidemiology in Nigeria". Saudi Journal of Biological Sciences. 25 (4): 697–703. doi:10.1016/j.sjbs.2016.03.006. PMC 5937013. PMID 29740232.
  4. "Nigeria's president signs law imposing up to 14 years' jail for gay relationships". The Guardian. 13 January 2014.
  5. "Abin da dokar da ke son ɗaure ƴan Daudu a Najeriya ta ƙunsa". BBC News (in Hausa). 6 April 2022.
  6. Adetoun Teslimat Adebanjo. (2014). Culture, morality and the law: Nigeria’s anti-gay law in perspective. International Journal of Discrimination and the Law December 2015 vol. 15 no. 4 256-270
  7. "Same Sex Marriage (Prohibition) Act 2013" (PDF). www.refworld.org. Retrieved 18 January 2023.
  8. Olusola Ajibade, George (28 June 2013). "Same-Sex Relationships in Yorùbá Culture and Orature". Journal of Homosexuality. 60 (7): 965–983. doi:10.1080/00918369.2013.774876. PMID 23808346. S2CID 205470071.
  9. "Nigerian High Court avoided constitutional scrutiny of anti-gay laws" (PDF). www.law.utoronto.ca. Retrieved 18 January 2023.
  10. "6 surprising facts about Nigeria's anti-gay-marriage law – Erasing 76 Crimes". 15 December 2018.
  11. ""Tell Me Where I Can Be Safe" The Impact of Nigeria's Same Sex Marriage (Prohibition) Act". Human Rights Watch. 20 October 2016.
  12. Akwagyiram, Alexis (27 October 2020). "Nigerian judge throws out case against 47 men facing homosexuality charge". Reuters.
  13. C.J, Nelson (2020-10-15). "How Nigeria's queer youth are fighting to #EndSARS". i-D. Retrieved 2021-12-31.
  14. "Police raid 'gay wedding' in Nigeria, arrest 19". Africanews. 20 December 2022.
  15. "Nigerian Police Arrest Dozens for Alleged Gay Wedding". Human Rights Watch. 30 August 2023.
  16. Owolabi, Tife (19 September 2023). "Nigeria frees on bail 69 arrested over alleged gay wedding". Reuters.
  17. "METRONSCDC arrests 76 for same-sex marriage in Gombe". Ripples Nigeria. 22 October 2023.
  18. "A Year-And-Half After Legislation, Nigerians Still Support Anti-Same Sex Marriage Law". NOIPolls. Abuja. 30 June 2015.
  19. "How people in 24 countries view same-sex marriage". Pew Research Center. 13 June 2023.
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