Same Sex Unions: Nigeria Stands Firm on Tradition
By Bayo Wild

Nigeria goes tough once again with a new bid to purge the system of what it terms undesirable practice on the land.The same sex prohibition act set to take effect in Nigeria has already begun to spark up global outrage.

The bill criminalizes same sex unions. It offers offenders a 3 year jail term. The law also puts an even harsher penalty on those who officiate in such marriages by sentencing them to a 5 year jail term. And for those just visiting well wishers, it hits hard as well as a 5 year prison sentence also applies for anyone who attends the ceremony of marriage with a person of same sex. The same sex prohibition act also outlaws any positive representation or advocacy for the rights of lesbians or gays. It puts a shocker on youth, who now seem scared of organising youthful cross parties other wise known as switch parties as these might be misinterpreted for some form of gay activity. The law prohibits the registration of gay clubs, societies and gatherings.

Amnesty Internationals Nigerian researcher Aster Van Kregten described the bill as unacceptable, pointing out that it singles one group of the people, depriving them of the rights and benefits of all. A Nigerian official said contrary to Kregten’s accusations, human rights in Nigeria entails the right for all to contribute positively to society. He further explained that ones understanding of human rights might be different from another’s understanding. It must be made clear, he said,  the western ideology of human rights might not always be the right one.

Slamming a 5 year jail term on clergy who preside over such unions might just be another way of the government keeping a tight fist on its clergy many of whom portray a lavish life style in the country. Many fear that this new law might not really be to combat homosexuality but to target other members of the society. Keen followers of Nigeria’s political system fear that this might well be another tool or avenue for the government to accuse opposition members in the society by accusing them of such acts to divert public attention.

The Catholic Church in Nigeria has given the bill its full blessing. It must be noted that the church has been under media fire for the malpractices of its clergy in North America, an issue which exposed the church to ridicule. Hence, many feel the church’s backing such a bill lacks credibility. She should start with herself. Well, the Catholic Church in Nigeria still appears to have a strong hold on its priests and hence considers herself most credible when she says such western cultures must not be tolerated in Nigeria. Roman Catholic Cardinal Arinze earlier pointed out that the family today is mocked by homosexuality, sabotaged by irregular unions and cut in two by divorce. However, many believe that the Catholic boss’s saying were inline with archaic Roman Catholic doctrines, which needed to be upgraded to modern beliefs.

Punishment for the involvement in homosexuality is nothing new in Nigeria as under Nigeria’s criminal and penal code, consensual same sex conduct between adults is punishable by a fourteen year jail sentence otherwise termed "carnal knowledge against the order of nature."

Amnesty International considers any person imprisoned under these act a prisoner of conscience as the African Charter on Human and Peoples’ Rights similarly affirms the equality of all people. Nigeria believes all are free to operate within the law. If one knows the law he is free to act with the same freedom as others. This might not go well for Nigeria’s image as a vast number of countries seem to be leaning towards the legalization of same sex marriage with South Africa being the first country in Africa to accept same sex unions.

It is shocking how Nigerians appear strange at such an act. Another Nigerian official citied that the new bill tends to reduce the laws put down by other states in the country as homosexuality is illegal in Nigeria and even carries the death penalty by sharia law in the 12 northern Muslim states. The official also refuted cries from the Sexual Minorities Against Aids in Nigeria (SMAAN), who claim the bill was likely to increase vulnerability of gays and lesbians to HIV infection as they will shy away from or be kept out of vital health services. On the contrary he says, it would reduce the number of people who involve themselves in such an act, which will reduce its activity and hence reduce the infection rate of Nigerians.

Some see this act from the same perspective as the ban on confraternities in Nigeria’s university system. This does not mean the confraternity members have no freedom but whatever we do must be to better the society not sicken it.

In Africa, same sex union (more popularly called SSU) is scorned at till date. A university don stated on the issue, “Everyone has a chance to become a homosexual depending on ones first contact and the pleasure he receives.  If male piglets are raised in the same room, at maturity, they start mounting themselves. Same goes for dogs and humans.”

The Anglican Church of Nigeria has welcomed this bill whole heartedly as well. It must pointed out that the Anglican Church of Nigeria has been a vicious campaigner against same sex unions, even to the extent of threatening to pull out of the Anglican Communion should the matter not be address adequately. The church said same sex union in Nigeria is unconstitutional. The churches are intended for the solemnisation of a union between a man and a woman and not for people of same gender. “The Same sex marriage, apart from being ungodly, is also unscriptural, unnatural, unprofitable, unhealthy, uncultural, un-African and un-Nigerian," the Church said.

Nigerian federal law is based on the existing traditional beliefs coupled with a few infuses of Christian and Islamic beliefs. All of which stand united in their stance against same sex marriage.

Truly, Nigerian cultures frown at same sex intercourse. Just like every nation must protect the laws in which her land was created by her fore fathers, Nigerians have a duty to protect the laws of her land. Everyone is free to operate within the law. Our definition of human rights might be different from that of other nations and must be respected by all.