Nigeria’s Same Sex Marriage Prohibition law: frequently asked questions
1) What is the Same Sex Marriage Prohibition Act?
On 7 January, Nigerian President Goodluck Jonathan signed into law the Same Sex Marriage Prohibition Act which not only prohibits same sex marriage, but criminalises those who “abet” same sex marriage, which has been interpreted as a de facto ban on gay people even holding a meeting. Penalties include fines and prison sentences.
2) Is the law enforceable?
According to Dorothy Aken’Ova of Nigeria’s International Center for Reproductive Health and Sexual Rights, police in Bauchi state have drawn up a list of 168 allegedly gay men, 38 of whom have been taken into custody so far[1].
3) What has been the response to the law by Conservatives?
When the law was passed by the Nigerian House of Representatives in May last year, Prime Minister David Cameron promised to raise the issue with the country’s leaders and said that “nothing should be off the table” when it comes to possibly cutting foreign aid in order to protect equal rights. Baroness Warsi later confirmed in an answer to a written question that the issue had been raised with the President’s office[2]. The EU has also raised the issue with the Nigerians and a 2012 European Parliament resolution tabled by Conservative MEP Marina Yannakoudakis on LGBT rights in Africa condemned the situation in Nigeria[3].
4) Why was the bill passed now?
President Jonathan’s spokesman said that the law is a law that is “in line with the people's cultural and religious inclination”. However, a similar bill was tabled in 2006, a year before President Obasanjo’s second term expired. Obasanjo was seeking a third term. President Jonathan is up for re-election in 2015.
[1]http://www.telegraph.co.uk/news/worldnews/africaandindianocean/nigeria/10571660/Dozens-arrested-after-anti-gay-law-passed-in-Nigeria.html
[2]http://www.publications.parliament.uk/pa/ld201314/ldhansrd/text/131017w0001.htm
[3]http://www.europarl.europa.eu/document/activities/cont/201207/20120718ATT49096/20120718ATT49096EN.pdf