By Aramide Oikelome and Ejikeme Omenazu/Lagos
Since President Goodluck Jonathan signed the Same Sex Marriage (Prohibition) Act, popularly called Anti-Gay Law, early in January, controversies have continued to trail the law. While Nigerians from different religions have continued to commend Jonathan and the National Assembly for enacting the law, Western countries and international organisations are kicking against it, saying that the step taken infringes on the rights of homosexuals.
The Act includes a provision for a 14-year jail term for anyone who enters into a same sex union, and a 10-year jail term for anyone who administers, witnesses, abets or aids a same sex marriage or civil union ceremony.
According to the law, “a person or group of persons who supports the registration, operation and sustenance of gay clubs, societies, organisations, processions or meetings in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.”
Few days after the law was established, the UN High Commissioner for Human Rights, Navi Pillay, raised alarm at what she termed a ‘draconian’ new law in Nigeria. She stressed in a statement released from her Geneva office: “Even before this Act was signed into law, consensual same sex relationships were already criminalised in Nigeria – violating rights to privacy and to freedom from discrimination, both of which are protected by the Nigerian Constitution, and the International Covenant on Civil and Political Rights, which Nigeria has ratified,”
As she put it, “This draconian new law makes an already-bad situation much worse,” adding, “It purports to ban same-sex marriage ceremonies, but in reality does much more. It turns anyone who takes part in, witnesses or helps organise a same sex marriage into a criminal. It punishes people for displaying any affection in public towards someone of the same sex. And in banning gay organisations, it puts at risk the vital work of human rights defenders, who speak up for the rights of lesbian, gay, bisexual, transgender (LGBT) and intersex people.”
“Rarely have I seen a piece of legislation that in so few paragraphs directly violates so many basic, universal human rights,” Pillay said.
“Rights to privacy and non-discrimination, rights to freedom of expression, association and assembly, rights to freedom from arbitrary arrest and detention: this law undermines all of them. In addition, the law risks reinforcing existing prejudices towards members of the LGBT community, and may provoke an upsurge in violence and discrimination”, she emphasised.
The High Commissioner expressed hope that the Supreme Court of Nigeria would review the constitutionality of the new law at the first opportunity.
“International human rights law and jurisprudence clearly indicate that States have a legal duty to protect all individuals from violations of their human rights, including on the basis of their sexual orientation.”
Immediately after the United Nations (UN) made its view on the new law known, the United States of America (USA) threatened to sanction Nigeria following Jonathan’s signing of the Act. Speaking through James Entwistle, the US Ambassador to Nigeria, the country threatened to scale down its support for HIV/AIDS and anti-malaria programmes in Nigeria. Entwistle said he was worried about “the implications of the anti-same sex marriage law, which seems to restrict the fundamental rights of a section of the Nigerian population.”
He said: “The issue of same-sex marriage was very controversial all over the world, including within the United States where 17 states out of 50 have endorsed it, but others still reject its legality.”
“The issue that we see is that as I read the bill, it looks to me that it puts significant restrictions on the freedoms of assembly and expression; in my opinion which applies especially in advanced democracies, once government begins to say something in these areas, freedom no longer applies. It seems to me that this is a very worrisome precedent,” he added.
Also, United Kingdom, Canada, European Union as well as Amnesty International spoke vehemently against the law.
However, Christians and Muslim leaders in Nigeria have taken turns to commend President Goodluck Jonathan’s stand on the controversial Anti-Same Sex Marriage Act. One of such religious leaders is the President of the Christian Association of Nigeria (CAN), Pastor Ayo Oritsejafor, who commended the President, members of the National Assembly and all well-meaning Nigerians that contributed to the emergence of the law.
Oritsejafor, in a statement in Abuja, said: “We in CAN appreciate the troubles taken to ensure that the process for such a law was followed before Mr President appended his signature. In the circumstance, we call on all those talking about human rights and international conventions to remember that there is always a limit to certain rights and that those who go out of their ways to overstep the limits now know the consequences of their actions.”
CAN maintained that the culture and morality are intricately linked and must be given recognition. “Human rights without limit are recipes for the destruction of any society. The culture and morality of a people must be taken into cognisance because it is important to remember that culture and morality are intricately linked to each other.
“By the belief of most Nigerians, same sex marriage is offensive to us as a people.
While we love all human beings created by God, we also believe that human beings must have restrain and consciousness about their emotions and thoughts. We also appeal to those who are choosing their interests above others to allow individual countries to develop according to their cultures and moral worth or importance,” Oritsejafor stated.
On his part, the National President of the Pentecostal Fellowship of Nigeria (PFN), Rev. Felix Omobude noted that besides Jonathan’s signing of the controversial bill, “engaging in same sex union is contrary to Nigeria’s culture.” The cleric added, “Nigeria must not import everything because it is happening somewhere else.”
“If you even remove Christianity and Islam, and go to the very tradition of the people, we abhor same sex marriage.”
The Nigerian Supreme Council for Islamic Affairs (NSCIA) also backed the Federal Government on the signing of the anti-gay law. NSCIA Secretary General, Prof. Ishaq Oloyede, while speaking to Sunday Independent said, “We congratulate the president for endorsing the Anti-Gay Bill; we also want to assure him that Nigerians are solidly behind him with the signing of the law.”
Oloyede said that with the signing of the law, the president has not betrayed the electorate. “He has put the interest of the nation above the interest of some people who have perverted their own system and wanted to pervert the interest of others.”
Corroborating this, the National President, Islamic Progressive Association of Nigeria (IPAN) and Spiritual Head, AS-SALAM Praying Centre Sheikh Abdul-Rahman Adegboyega-Lawal commended President Jonathan for signing the anti-gay bill. Stressing that Islam is against same-sex marriage, homosexuality and lesbianism, as it considers it a major sin, which Allah kicked against in His words. (Quran and Hadith). According to Sheikh Rahman-Lawal, in Quran 66: 10 Allah destroyed a country because they tried to commit homosexuality with his messengers.
The Imam added that with the passing of the anti-gay bill, Nigeria has joined 34 other African nations with strict anti-gay laws and 78 countries in the world where homosexuality is criminalised, hence he described the reactions trailing the signing of the law by the international community (especially USA & Canada) as baseless, especially since the most popular scriptures known to mankind – the Holy Quran and Bible are against it.
The Islamic scholar and said the signing of the bill into law was a major achievement by President Jonathan, adding that it would promote peace, understanding and harmony among Muslims and Christians in the country.
Interestingly, many more clerics in Nigeria have continued to laud the Act, which contains penalties of up to 14 years in prison and bans gay marriage, same-sex “amorous relationships” and membership of gay rights groups.
The Methodist Prelate, His Eminence, Samuel Emeka Uche, also commended the courage and forthrightness of the National Assembly for passing the bill into law.
Uche pointed out that gay marriage, homosexuality or lesbianism are “Un-African ungodly, unethical and iniquitous.”
He added that, as a sovereign nation, “we have come of age and should not tie Nigeria to the apron string of any nation, no matter how powerful that nation may claim to be. “This development is a plus to our government and should be followed by other steps that will appeal to Nigerians,” he said.
Prelate of the Presbyterian Church of Nigeria, Most Rev. Emele Uka, stressed that Jonathan showed courage by signing into law the bill prohibiting same-sex marriage, adding that the President need not get bothered by the pressure from Britain, the
European Union and America, who violate God’s law with impunity.
However, players in the civil society groups have seen something fishy in the signing of the Bill into Act. A civil society worker who claimed anonymity said “there is nothing wrong with the President signing the bill, but what Nigerians may face by the implementation of the Act may be worse.
“For instance, I cannot walk freely on the street holding my younger brother in some states now, not to mention booking the same hotel.
“There is more to the Act and Nigerians will soon begin to agitate for the review when non-gay individuals are being molested unlawfully.”
Despite this, clerics have continued to laud President Jonathan’s signing of the bill, a cleric, Pastor Adeola Odunayo David has seen nothing serious with the Act.
According to him it really makes no sense and Nigerians do not really know what is behind it.
However, Chaplain of Christian media group, Journalists for Christ, Rev. David Alabi,
in a release, noted “The United States is deeply concerned by Nigeria’s enactment of the Same Sex Marriage Prohibition Act.
“Beyond even prohibiting same sex marriage, the law dangerously restricts freedom of assembly, association and expression for all Nigerians.”
The statement added: “Moreover, it is inconsistent with Nigeria’s international legal obligations and undermines the democratic reforms and human rights protections enshrined in its 1999 Constitution.
“People everywhere deserve to live in freedom and equality. No one should face violence or discrimination for who they are or who they love”.
Speaking with Sunday Independent, Chairman, Pentecostal Fellowship of Nigeria (PFN), Lagos Mainland Province, Rev Dr. Moses Tunde Elebute, expressed happiness with the National Assembly and President Jonathan over the promulgation of the Anti Same-Sex Marriage Act. Elebute, General Overseer of International Christian Faith Mission, wants the government to keep watchful eyes on gay clubs and ensure that those who indulge in the practice are flushed out.
He lamented that those who have travelled out of the country are buying into the practice and trying to introduce it into Nigeria. Now that there is a law against it and Christians and Muslims as well as other groups are speaking in favour of the law, the cleric feels that such people will go underground because they know that if caught, they will go to jail.
On the reactions of some people to the law, Rev Elebute hinted although there had been stories of the existence of homosexuals in Nigeria, “now that the law is in place, they will not be bold to practice it openly, even as they cannot formalise and consummate such marriages.
Dwelling on the spiritual implications of the anti-gay law, the cleric maintained that the gay issue (and homosexuality) are some of the signs of the last days, popularly known as the End-Time among Bible scholars. He stressed that Paul in 2 Timothy 3:1-3, spoke on “unnatural affection”. This, he added, is also one of the issues the Apostle treated in Romans 1:24-32, adding that the practice is unbiblical.
“If the world does not leave homosexuality, they will face the judgment of God. The Bible condemns it and it is one of the sins that brought down the anger of God, as in the case of Sodom and Gomorrah. Even Muslim clerics condemn it. Any nation that does not desist from it stand to face the wrath of God”, Elebute warned.
The PFN chieftain maintained that it is possible that gay clubs exist in major cities like Lagos, Abuja and Port Harcourt, as being speculated. He however advised such people to change their way of life, as it is anti-culture and anti-nature. As he put it: “It is unnatural. Even among animals, it is males and females mating; not male with males or females with females. The Bible says a man and a woman will leave their parents and cleave to each other and become husband and wife, and they will replenish the earth.
“How can gays replenish the earth? God made human beings, male and female. Have you seen a he-goat chasing a he-goat or a male monkey mating with a male monkey? Government should fish out the gay clubs and flush them out. Government should keep a close watch on them”, he urged.
On the condemnation of the law by some western countries and organisations, the cleric said such nations and bodies should watch what they say or do, so that they do not create problems for Nigerians. He alerted that because of the utterances of such nations and organisations, the gays can openly revolt and cause problems for Nigeria.
His words: “US, UK, UN, EU and the others should take responsibility if their stand on this matter create problems. Nigeria, indeed Africans have a way of marriage. Africans accept polygamy even though it is unchristian. We have not forced it on the west. We have not condemned the west for monogamy. So, why should they want to impose their gay culture on us? African culture is against gay marriage. UK, UN, EU should leave us alone. They do not love us more than we love ourselves.”
He maintained that even if the West withdraws their aids, Nigeria will survive. He recalled that during the time of Prof. Tam David-West as Oil Minister, Nigeria’s oil was being battered for goods. Nigeria, he maintained, can resort to that if the West does not want to buy her oil because of the anti-gay law. He said the country can also sell her oil to fellow African countries. He would not like the West to mount pressure on President Jonathan over the issue, as it was not their votes, but those of Nigerians that put him and members of the National Assembly in power. The government, he advised, should not listen to the West because Nigerians can survive without them.