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.