INTRODUCTION
Former Nigerian President Dr. Goodluck Ebele Jonathan signed the Same-Sex Marriage (Prohibition) Bill (SSMPA) into law on January 7, 2014. Cohabitation between same-sex sexual partners is prohibited by law, as is any “public display of same-sex amorous relationship.” The SSMPA punishes anybody who “registers, operates or participates in gay clubs, societies and organisation” or “supports” the operations of such groups with a 10-year prison sentence. The severe penalties include imprisonment for 10 to 14 years. Following the SSMPA’s passage, there were numerous media reports of high levels of violence, including extortion and mob attacks against LGBT individuals. However, do the LGBTQ+ community have rights in Nigeria?.
ENFORECEMENT OF THE NIGERIAN LAW
In Nigeria, same-sex relationships and marriage are illegal under the Same-Sex Marriage (Prohibition) Act of 2013. A 14-year prison term is associated with it. International human rights organisations have universally denounced this bill, claiming it infringes upon fundamental rights to freedom of association and privacy. LGBTQ+ rights are becoming more and more popular in Nigeria, especially among younger people. Strong opposition, meanwhile, is also present and stems from cultural and religious convictions. For many Nigerians, homosexuality is an import from the West that goes against their cultural beliefs.
The law has been enforced in recent years, as seen by the numerous arrests of LGBTQ+ persons, either one-on-one or in large groups, frequently coupled with police brutality and violence. LGBT individuals have been the target of several reports of violence and discrimination in recent years, including extortion, harassment, assault, mob attacks, and denial of basic rights and services. Section 214 of the Federal Criminal Code in all Southern states punishes homosexuality by 14 years in prison for both men and women. “Anyone who – (a) has carnal knowledge of any person against the order of nature; or (c) permits a male person to have carnal knowledge of him or her against the order of nature is guilty of a felony, and is liable to imprisonment for fourteen years.”
Laws and penalties pertaining to homosexuality varied in Northern Nigeria. All Northern Nigerian states are subject to Section 284 of the Penal Code (Northern States) Federal Provisions Act, which declares that “Anyone who engages in carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.” Because of the application of Shari’a law, same-sex couples may be punished with the death penalty in certain Northern Nigerian states. All Muslims who willingly submit to the Shari’a courts’ jurisdiction are subject to the Shari’a criminal laws.
For LGBTQ+ people in Nigeria, the social and legal environment is very difficult. Some proponents contend that current laws on discrimination and freedom of association may provide some protection for LGBTQ+ rights, even though there is no particular legislation that addresses these issues. However, these laws are frequently applied inconsistently. The Nigerian government has been under pressure from throughout the world to defend LGBTQ+ rights and decriminalise same-sex relationships. Moreso, according to the administration, the 2013 law expresses popular will and is consistent with the nation’s religious and cultural values.
LGBTQ+ RIGHTS IN NIGERIA
So many Nigerians are of the opinion that the LGBTQ+ community/persons, are not suppose to have rights as their actions go contrary against the law, hence the reasons for jungle justice when ever they get to apprehend those involved in acts of same sex romance.
It is pertinent to note that the SSMPA act and other legislation in Nigeria strictly prohibit LGBTQ+ activities. However, the law does not close it’s eyes to the fact that they are human beings. As such, it is important to note some of the basic rights that should be enjoyed as provided for in the 1999 Constitution of Nigeria as amended (CFRN),to those involved in such activities of same-sex in Nigeria as follows:
1. Right to life(S. 33. CFRN): As they are humans, their acts are condemned by the laws. When they are apprehended, it is to not terminate their life’s, but be handed over to the appropriate authorities to take up the case rather than jungle justice.
2. Right to dignity(S. 34 CFRN): This entails that they shouldn’t be subjected to torture, inhumane treatment, or maltreatment in the hands of the public or authorities
3. Right to fair hearing (S. 36 CFRN): This confirms that every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty.
4. Right to peaceful assembly and association (S. 40 CFRN): The constitution provides that every person shall be entitled to assemble freely and associate with other persons, and he may form or belong to any political party, trade union or any other association for the protection of their interests. This is a right highly debated by the LGBTQ+ community, as they feel this right is being violated.
5. Right to freedom from discrimination (S. 42 CFRN): The constitution provides freedom from discrimination. However, it is obvious that the same-sex community faces constant discrimination by both the public and by authorities in charge of protecting them.
6. Right to work: In as much as there is a big disdain to the LGBTQ+ community in Nigeria, they are not to be discarded when they apply for work.
7. Right to freedom of movement(S 41 CFRN): The LGBTQ+ community also has the right to free movement in the country, but that is not the case as it stands.
8. Right to priv acy (S 37 CFRN): The LGBTQ+ community is also supposed to enjoy the right to privacy. However, there have been a lot of such breaches to that constitutional right, both by the public and the government agencies.
9. Right to health care facilities: It is no new news that they have been refused medical attention in most of the healthcare facilities due to their choice of association. This should not be the case.
CONCLUSION
It is important to note that the Nigerian laws stand firmly against the activities of the LGBTQ+ community, and as such, have place laws to counter such activities as it is against the policy of natural law, culture, morals and beliefs of the Nigerian standards. However, it is important to note that, since the LGBTQ+ belief is made up of people, they should equally be treated as one and not be subjected to inhumane treatment by the public or the government agencies.
TeeKayGee 