Same Sex Marriage Prohibition Act 2013 - 2015

The Same Sex Marriage (Prohibition) Act, 2013 was enacted basically to prohibit marriage or civil union by persons of the Same Sex in  Nigeria as provided for in Section 1(1)(a) of the Act Subsection (2) of Section 1 further provides that, A marriage contract or civil union entered into between persons of same sex by virtue of a  certificate issued by a foreign country is void in Nigeria, and any benefit accruing therefore by virtue of the certificate  shall not be enforced by any court of law.


The Act in section 2(1) also prohibits the solemnization of a marriage entered into between person of the same sex in a church, mosque or any other place of worship in Nigeria. Section 4(1) of the Act prohibits the registration of gay clubs, societies and organization, their processions and substances. Subsection (2) of sec 4 prohibits the public show of same sex amorous relationship directly or indirectly.  The Act in see 5 (1) provides that a person who enters into a same sex marriage contract or civil union commits an offence and is liable on conviction to a term of 14 years imprisonment. Subsection (2) of see 5 provides that any person, who registers, operates or participates in gay clubs, societies and organization or directly or indirectly make public show of same sex amorous relationship in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.

Section 5 (3) of the Act provides 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 a gay clubs, societies organization processions or meetings in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.
In my humble opinion, the law has really achieved tremendously what it was created to curb and it is adequately suiting to address the harm it was meant to curb. One cannot say for sure that people no longer involve in same sex relations today in Nigeria but even at that people who are engaged in it hide their activities for they know the consequences that would follow their actions. So the Act is adequately sufficient to address the harm it was meant to curb.        

          The Nigerian same sex marriage (prohibition) Act, 2013 in section I (1) (a)           provides that a marriage contract or civil union entered into between persons of same sex is prohibited in Nigeria.
          The Act further invalidates any marriage contract entered into between persons of same sex by virtue of a certificate Issued by   a foreign country in  Nigeria. The Nigerian same sex marriage (prohibition) Act also forbids the   solemnization of same sex marriage in places of worship including church, mosque or other places of worship Section 2 (1).

          Registration of homosexual club and societies is also prohibited in the Act, the public show of the same sex amorous relationship directly or indirectly is prohibited.


Offences and Penalties
          Section 5 (1) of the Act provides that a person who enters into a same sex marriage contract or civil union commits an offence and is liable on conviction to a term of 14 years imprisonment. Subsection (2) 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.
Subsection 3 provides that a person or group of persons who administers, witnesses, abets or aids the solemnization of same sex marriage or civil union or supports the registration, operation and sustenance of gay clubs, societies, organizations, processions or meetings in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.
In my humble view, the same sex marriage (prohibition) Act, 2013 has gone a long way to chase lesbians and gays into hi din g thereby, achieving the purpose for the enactment of the Act.
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