By Matt O’Brain
On January 7,2014, Nigeria”s former president, Goodluck Jonathan, signed the Same-Sex Marriage (Prohibition) Bill (SSMPA) into law. The notional purpose of the SSMPA is to prohibit marriage between persons of same sex. In reality, its scope is much wider. The law forbids any cohabition between same-sex sexual partners and bans any “public show of same sex amorous relationship.”
The SSMPA imposes a 10-year prison sentence on anyone who ,” registers, operates or participates in gay clubs, societies and organization” or”supports” the activities of such organizations. Punishments are severe, ranging from 10 to 14 years in prison.
Such provisions build on existing legislation in Nigeria, but go much further: while the colonial era penal codes outlawed sexual acts between members of same sex, the SSMPA effectively criminalizes lesbian,gay, bisexual, and transgender ( LGBT) persons based on sexual orientation and gender identity.
The human rights impact of the SSMPA on LGBT individuals has been described in various documents by rights groups and professional organizations as appalling , dehumanising.and extremely painful.
Prior to the enactment of the SSMPA in January 2014, the general public objected to homosexuality primarily on the basis of religious beliefs and perception of what constitutes African culture and tradition. Ironically, the law has become a tool being used by some law enforcement officers and some members of the public to legitimize multiple human rights violations perpetrated against LGBT people. Such appalling human rights violations include torture, sexual violence, arbitrary detention, violations of due process rights and extortion.
Human Rights Watch finding indicates that since January 2014, there have been rising incidents of mob violence against persons based on their real or perceived sexual orientation or gender identity.
For instance, in January 2014 in Gishiri village, Anuja, a group of approximately 50 people armed with machetes, clubs, whips, and metal wires dragged people from their homes and severely beat at least 14 men whom they suspected of being gay.
Arbitrary arrest and extortion by law enforcement officers is commonplace under the SSMPA
The Nigeria Union of Journalists, NUJ, the umbrella body of practicing Journalists in Nigeria, says in a document that it recognises the scourge of homosexuality and fatal fate of LGBT in the country.
“From 2014, when Nigeria Nigeria passed the same sex prohibition law, reports from the Journalists in the field indicate rising cases of homosexuality across Nigeria with attendant arrests, harassment, brutally and in some cases death of LGBT persons occasioned by mob action”, the NUJ wrote
Human Rights Watch recent finding indicates that more and more LGBT persons are being hounded almost on daily basis in Nigeria.On August 4,2017, THE NATION newspaper, one of Nigeria’s leading dailies reported the arrest of 28 adults and 12 minors for homosexuality.
The suspects were subsequently charged to court by the Lagos State Government. Although, the gay suspects were granted bail on strict conditions, they were however directed by court to submit themselves to the Lagos State Aids Control Agency for monitoring , and Lagos State Domestic and Sexual Violence Response Team for rehabilitation.
By implication, the suspects have for the meantime,.lost their liberty and dignity as citizens of the country.
And on August 29,2023, the Delta State Police Command swooped on a gay marriage party .In a post on it’s official X handle, the state police said the over 70 suspects would be paraded at its headquarters in Asaba. The police said the suspects were arrested in a hotel carrying out gay wedding ceremony.
The fate of hundreds of persons accused of sodomy in Nigeria but managed to escape.arrest and possible prosecution continue to hang precariously in the balance. Names of gay suspects like Frank Mojo, Don Eddie, Uzor Makeway, Aimakhu Irabor, Johnson Ada and.Mark Okolie have continued to appear conspicuously on police wanted list for the past four years. The suspects risk arrest, detention, torture and prosecution now or anytime in the future .
Such arrests, harassment, torture, extortion and dehumanization of LGBT persons in Nigeria have continued unabated.
It’s against this backdrop that the Nigeria Union of Journalists and leading human rights groups support the protection of LGBT persons in Nigeria who may have opportunity to seek asylum outside the shores of the country.