Reaction is coming in from civil society in Nigeria to the country’s enactment of the same sex marriage prohibition act.

Jake Okechukwu Effoduh is a human rights lawyer and radio presenter based in Nigeria, working in the field of health and human rights for the past 10 years. We asked him three questions about the new law.

Daily Development: As a lawyer, could you please explain what exactly the new legislation means for gay men and lesbians in Nigeria?

Jake: Simply put, the Same Sex Marriage (Prohibition Act) prohibits any marriage contract or civil union entered into between persons of the same sex and does not recognize the contract or union as entitled to the benefits of a valid marriage.

The legislation does not stop there. It also states in Section 5(3) that “a person or group of persons who administers, witnesses: abets or aids the solemnization of a same sex marriage or civil union, or supports the registration, operation and sustenance of gay clubs, societies, organisations, processions or meetings in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.” So the Act criminalizes with imprisonment anybody that will help or support any same sex marriage or union and this may encompass the families of gays and lesbians, the organizations they belong to, their friends, well wishers and beyond. Name it.

What I have mentioned so far is as regards same sex marriage, which the new law is prohibiting, but on closer examination, there is more than meets the eye. Even though many of the gays and lesbians in Nigeria may not intend to enter into same sex marriages or unions, the legislation still has fundamental provisions that can be interpreted to be infringing on the freedom of association, expression, movement and even the right to health care of gays and lesbians in Nigeria. Why do I say so? Section 5(2) of the new Act provides that “a person who registers, operates or participates in gay clubs, societies and organization, or directly or indirectly makes public show of same sex amorous relationship in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.” This provision is broad and it can be interpreted in many ways, having many implications.

If you notice, this section does not make any reference to marriage, it talks about the operation or participation in any society or organization that involves gays and lesbians in Nigeria so this means that gays and lesbians cannot belong to any organization or society that is solely for their common interest or created for even their well being. This, in my humble opinion limits and infringes on the fundamental rights of gays and lesbians in Nigeria to join any organization or group they desire.

It even contravenes Section 40 of the Nigerian constitution that provides that “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interest”. These are fundamental, inalienable, universal and indivisible rights that everyone is entitled to, whether gay or straight.

Asides from being a lawyer, I am also a radio presenter. I anchored a youth lifestyle radio programme called “Flava,” a 30 minutes weekly show that aired on over 105 radio stations in Nigeria with more than 24 million Nigerians tuning in weekly. The programme sensitized Nigerians on HIV/AIDS, and being in this field for 7 years, I am aware that there are NGOs that run special programmes for men who have sex with men and women who have sex with women. This is important because I have come to realize that there is no such thing as a general approach to HIV. Human beings are by virtue of their biological qualities and behavioural needs, different. These differences must be understood, accepted and protected in order to maximize HIV prevention and treatment. Even the government-owned National Agency for the Control of AIDS (NACA) has such special programmes, and it has helped in sensitizing and reducing HIV prevalence. Will these NGOs stop running their activities now? Will these programmes have to cease because of this new legislation?

Daily Development: What is your personal reaction to the law?

Jake: I think the legislation is uncalled-for. It will lead to a crackdown on gays and lesbians who already face astronomical incidences of human rights abuses and violations. Everyday we see on the media- gays, lesbians, bisexuals, transgender and intersex persons beaten up or lynched, blackmailed, raped, tortured and even killed because of their sexual orientation or gender identity. Many of these incidences go unreported and even in the few that we get to hear of, nothing is done about it. So this legislation is moving the existing issues from the frying pan into the fire and will give a lot of people an unfounded license to perpetrate human rights abuses on gays and lesbians in Nigeria. As a human rights lawyer, many of the cases I have handled are issues around arbitrary arrests and detention of people who, most of the times are not even gay or lesbian but are impounded by police or other groups based on suspicion or hearsay. These are issues that the civil society has been routing for the government to give heed to, but nothing has been done about it. Now this legislation will even make things worse.

There are so many bills and proposed laws that require passage by the National Assembly that when passed will benefit Nigerians immensely rather than same sex marriage prohibition. Nigeria is still burdened with high levels of poverty, insecurity, underdevelopment and low standards of healthcare. There is the Health Bill that has still not been signed; there is the HIV anti-stigma bill that will empower people living with HIV in Nigeria and protect them from discrimination in employment and education settings, but for many years, these powerful legislations and many more, remain bills.

Daily Development: What are your recommendations to civil society on what steps to take now that the law exists?

Jake: While the government strives to achieve the best for its people, it is obvious that many people who are representing their constituencies in government are ignorant of issues around sexual orientation and gender identities or are clouded with sentiments and stereotypes. Education is the gap that has to be bridged and civil society has to lend its hand here. Some Nigerians see the new law as a means of countering westernization without seeing the underlying effects of the legislation in local parlance. Even with the existence of this new law, the government owes it to civil society to provide a space for constructive dialogue and criticism. Civil society or even individuals who are aggrieved by this legislation can approach the court of law to challenge its validity. Laws are made for the benefit of people and not the other way round.