Dear Fellow Nigerian,

I do not write this analysis just for fun but to bring to everyone’s attention, the personal and legal implications that the just recently passed Same Sex Marriage (Prohibition) Law (hereinafter referred to as SSMPL) has in store for us.

This law just like every other one has two dominant factors, being Human beings and their rights. ARTICLE 1 of the Universal declaration of Human Rights states:-

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

In like terms, the Charter of the African Union states:-

“Freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African people”.

In view of the above statements, which Nigeria is a voluntary signatory to, that projects progress, unity, humanity and positivity, one cannot really understand why a body of lawmakers will go ahead to draft and propose the SSMPL to be operative in a supposedly democratic society called Nigeria.

Every right given and guaranteed to all Nigerians is provided for in Chapter IV of the Constitution of the Federal Republic of Nigeria (CFRN) (as amended), and this piece shall in detail, examine how the provisions of the SSMPL outrightly violates the rights of this sect of people, with no apologies whatsoever.

Section 38(1) CFRN clearly states that:-

“Every person shall be entitled to freedom of thought, conscience and religion……”

It is not enough that homosexual people who have the same right to freedom of discrimination as entrenched in Section 42 CFRN, have consistently gone through torture, inhumane and/or degrading treatment in Nigeria, which in turn violates their Right to dignity of human person, as enabled by Section 34(1)(a) CFRN; the Government has gone a step further to empower hypocritical and closed-minded people, which makes up the majority of the populace, the right to witch-hunt and mete out the highest degree of inhumanity to the gay people.

Sections 1 and 2 of the SSMPL, clearly prohibits marriage and civil union between persons of the same sex. Section 3 further provides that the ONLY recognized marriage in Nigeria is that between a Man and a Woman.

From my humble point of view, this section is wholly unnecessary. Nigerians have not been advocating for same sex marriages. By the way, how many heterosexual couples even dream of getting married in Nigeria, most people have the dream (if they have enough money) to get married on the beach in a foreign country, so really, I do not know what the fuss is about.

Those sections went ahead to state that same sex marriages will not be recognized as entitled to the benefits of a valid marriage. Please, I need to ask, what are the benefits of a valid marriage? I throw this question to the public to provide sensible and sufficient answers.

Furthermore, Section 4(1) of the SSMPL prohibits the registration and running of homosexual clubs and societies in Nigeria. This expressly infringes on the right to freedom of expression and right to peaceful assembly and association provided for in Section 39(1) and Section 40, respectively. These sections were meant to protect and promote one’s interests, regardless of his sexual orientation.

The Government does not want a situation where a particular group is soliciting for or promoting homosexuality. This is a moot point because the policy of “Don’t ask, don’t tell” has always been in operation in Nigeria.

Now, the section that seems to be very ambiguous is the provisions of Section 4(2) of the SSMPL which states that:-

“The public show of same sex amorous relationship directly or indirectly is hereby prohibited”.

The law does not even define the terms involved in that section, which leads that section to various misinterpretations.

In lay terms, that section prohibits public display of affection by same sex individuals. It is really funny because there was a time in Nigeria, not so long ago, when heterosexuals could not even think of publicly displaying their affection. Till date, the average Nigerian cannot and does not even know how to publicly display affection, but due to the generational change, it has become somewhat acceptable and not an eyesore for a man and woman to publicly show affection. In fact, how many of you have even seen your parents proudly hold hands in public, not to talk of kissing?

First question, what act qualifies as a public show? Is it holding of hands, laughing, a tight hug, a look of admiration, a stroke on the cheek, dancing with the same sex, a peck on the forehead or cheek etc. Please, what act qualifies as a public show? I do not believe that with the high degree of hostility Nigerians already show towards homosexuals, pre-SSMPL, any gay person would be comfortable enough to publicly display acts that will raise suspicion.

Based on my previous premise, what our lawmakers are saying is that when we see two men/women together, in public, probably holding hands and having a good laugh, it would be proper for us to assume that they are in a same sex amorous relationship?

Second question, what is an amorous relationship? The SSMPL did not bother to define or interpret the term AMOROUS. From the dictionary, amorous means “being inclined or having a propensity to love OR to sexual enjoyment. So where exactly does the amorous used in the SSMPL fall into?

In the same vein, how are we to determine that persons of the same sex are in a relationship, not to talk of an amorous one. Every single person is in an amorous relationship, it just depends on the type. I am in an amorous relationship with my Mum/Dad, Sister/Brother, Female and Male cousins, Nephews and Nieces, Girlfriend(s)/Boyfriend(s) etc. So please, how does one determine the type of relationship that would be so suspicious to make it fall within the SSMPL? Does the Government have the resources to put every adult under 24-hour surveillance, to know details of every relationship we have. Will this act not absolutely strip us of our Right to private and family life provided for us by Section 37 of the Constitution?

In other words, I cannot freely hug, laugh and kiss my Mum/Dad, Sister/Brother, Female/Male cousins or friends without some random lunatic who does not fully understand the implication of this bill, having the nerve to come and harass me? May God help us all!

Furthermore, the issue of indirectly making a public show of same sex amorous relationship is one that can lead to unnecessary and violent accusations and misunderstandings. Again, what acts are classified as INDIRECT? What? The Lawmakers cannot afford to leave this unaddressed because people especially the Police and closed-minded hypocrites can use this as a weapon and start exploiting innocent people. Truth is the exploitation has already started with the reports of hundreds of gay people already getting arrested and the Police requesting for ridiculous amounts of money as bail, because I am pretty sure they were not parading themselves with the aim of getting captured.

As an objective and reasonable human being, I honestly cannot bring myself to accept the jail term attached as a penalty in the SSMPL. How many of our lawmakers or Government officials who commit the offence of embezzlement of public treasury on a daily basis, can honestly bear to spend a minute talk more of 10-14 years of their lives in a prison? How many?

Even when they are convicted of such crimes, they are graciously given a ridiculous amount of fine to pay and they disappear from the limelight for a reasonable period of time but definitely not in a prison. So why should this be the only option given to people who are not harming anybody with their sexual preference?

Perhaps, the Lawmakers ought to have placed a ban only on same sex marriage and just left it there. Going ahead of themselves by involving associations, clubs and every individual’s manner of displaying affection is rather disrespectful and retrogressive to a democratic society. I am certain the medical and economic experts have already outlined and explained the implications of banning such associations. These associations account for at least 70% of the health benefits that battle diseases, most especially HIV, which even heterosexuals benefit from without questions or discrimination.

I know the Lawmakers will hurriedly hide (like most hypocrites trying to justify the SSMPL) behind the provisions of Section 45(1)(a) of the Constitution which qualifies the rights listed in it. It states:

“Nothing in Section 37(Right to privacy and family life), Section 38 (Right to freedom of thought, conscience and religion), Section 39 (Right to freedom of expression and the press), Section 40 (Right to peaceful assembly and association)…SHALL NOT invalidate any law that is REASONABLY justifiable in a democratic society:-

(a) In the interest of defence, public safety, public order, public morality or public health.

YES, they have already hinged the justifiable reason of the SSMPL on protecting the interest of public morality; the morality that has become rather relative in order to suit the whims of the majority.

YES, that the law will uphold the sanctity of marriage. For goodness sakes, how sanctified is the institution of marriage between a man and a woman? When people have already made it a norm to do things that were strictly left for marriage before it. With the rate of divorce increasing every second, what exactly is being sanctified? PLEASE, we should be given another reason that will make sense from every perspective.

In simple terms, I am not asking Nigeria to legalize same sex marriage; I am demanding that the homosexuals be left alone to live. They hurt no one, why jail them? Their lives are a constant struggle to protect, why put a rubber stamp to legally terrorize them?

This law affects every one of us, be it directly or indirectly; you do not have to be gay to understand the implication of this and the impending danger that gay people tend to face. Even straight people have challenges when dealing with the average Nigerian police man, who simply believes he has been given a license to kill with the backing of this law; I wish you all the good luck in the world, proving or explaining to them whilst resisting arrest, that you are not gay when you probably go drinking with your buddies; or you throw a party where your girlfriend and her friends did not show up and it is just you and your guys huddled up together looking cozy; or you are caught in a bear hug with a close friend you have not seen in a very long time…we shall hear your story.

We should never forget that in our quest to develop, we should not lose our humanity.

SIGNED:

YOUR CONSCIENCE.