INTRODUCTION
In many parts of the world, including Nigeria, same-sex marriage remains a sensitive and divisive topic. The legal status of same-sex marriage is a particularly difficult subject in a nation where traditional values and religious beliefs have a strong influence on societal norms and legal systems. The Same-Sex Marriage (Prohibition) Act (SSMPA) of 2014, which embodies a significant and explicit prohibition of same-sex marriages and civil unions in Nigeria, is the cornerstone of Nigeria's legal position on same-sex marriage. This article explores the legal position of same-sex unions in Nigeria today, examining the laws that affect same-sex sexual relationships in Nigeria.
LEGAL FRAMEWORK OF SAME-SEX SEXUAL RELATIONSHIP IN NIGERIA
THE PENAL CODE ACT
The Penal Code, which applies in the northern states, criminalise same-sex relationships. Section 284 of the Act prohibits "carnal knowledge against the order of nature," which includes same-sex sexual intercourse. It states that whoever has carnal knowledge of any person against the order of nature or who allows a male to have carnal knowledge of him against the order of nature is guilty of an offence punishable by fourteen years in prison.
Section 285 addresses attempts to commit unnatural offences, such as same-sex sexual acts. It states that those who attempt or plot to commit such offences face the same punishments as those who successfully carry them out. The provision broadens the definition of criminalisation to include any preparatory measures or conspiracies involving same-sex sexual activity.
Section 286 defines "unnatural offences," increasing the criminalisation of behaviours that are considered antithetical to the natural order, including same-sex acts.
Section 405 of the Penal Code, titled "Vagabonds," prohibits male cross-dressing. A "vagabond" is defined as "any male person who dresses or is attired in the fashion of a woman in a public place, or who practises sodomy as a means of livelihood or profession." According to the Act, anyone convicted of being a vagabond faces a two-year prison sentence, a fine of up to four hundred and fifty Nigerian naira, or both.
THE CRIMINAL CODE ACT
The Criminal Code, which is applicable in the South, criminalise same-sex partnerships. Section 214 of the Act states that any person who has carnal knowledge of any person against the order of nature or who allows a male person to have carnal knowledge of him against the order of nature is guilty of a felony punishable by fourteen years in imprisonment.
Section 215 goes on to describe unnatural offences as acts involving sodomy or any other non-heteronormative sexual activity. This provision reinforces the criminalisation of same-sex sexual conduct by imposing similar punishments.
Conspiracies to perform acts deemed unnatural offences, such as same-sex sexual acts, are prohibited by Section 217. Where a person is proven guilty of trying to carry out these crimes, offenders may serve up to 14 years in imprisonment. The solicitation of same-sex sexual acts or attempts to participate in them is illegal under Section 218. This includes any steps to encourage or obtain such actions, which are subject to the same penalties as the actual conduct.
SAME-SEX MARRIAGE (PROHIBITION) ACT (2014)
The Same-Sex Marriage (Prohibition) Act (2014) explicitly prohibits the solemnisation of same-sex marriages and civil unions.
Section 1 of the Act states that any attempt to formalise a marriage or union between people of the same sex is void and legally unrecognisable in Nigeria. This provision is intended to invalidate any legal recognition of same-sex couples, guaranteeing that such unions are not formally sanctioned.
Section 2 of the Act criminalises performing, witnessing, or assisting a same-sex marriage or civil union. This provision is intended to dissuade both those directly involved in same-sex ceremonies and those who help organise or officiate them.
Section 3 states that only marriage between men and women would be lawful in Nigeria.
Section 4 also prohibits the registration, operation, and support of organisations that advocate for same-sex relationships or rights. The section also prohibits the public exhibition of same-sex relationships and the promotion of same-sex marriage. Individuals who publicly express or support same-sex partnerships risk up to ten years in prison. It also prohibits public demonstrations or debates that promote or normalise same-sex partnerships, increasing legal prohibitions on same-sex sexual relationships’ visibility and advocacy.
Section 5 of the Act specifies penalties for violators of the Act. It criminalises the act of entering into a same-sex marriage or civil union, with a maximum penalty of 14 years in prison. This section underscores Nigeria’s stringent stance against same-sex relationships by legally defining them as criminal acts. The severity of the penalty reflects more significant cultural and official opposition to same-sex unions. The provision also states that organisations that promote or support same-sex sexual relationship concerns can be dissolved, and their leaders or members may face up to ten years in prison. This section aims to discourage any formal or informal campaigning for same-sex sexual relationships, as well as the formation of groups that support or encourage same-sex relationships. The section also criminalises organising public events to promote same-sex marriage.
CONCLUSION
In conclusion, Nigeria's legal position on same-sex marriage poses a severe threat to same-sex sexual relationships. The combined impact of the Same-Sex Marriage (Prohibition) Act, the Penal Code, and the Criminal Code present a significant obstacle to the recognition and approval of same-sex marriages. These laws not only criminalise such partnerships but also try to repress any form of activism or support, reflecting a more significant social opposition to same-sex sexual relationships.
Ikeola Atilola