Angst over Nigeria’s Anti-gay Law

Fri, Jan 17, 2014
By publisher
6 MIN READ

Crime

President Goodluck Jonathan has signed the anti-gay law making it possible for homosexuals and lesbians to be jailed for 14 years if they are found guilty

By Vincent Nzemeke  |  Jan. 27, 2014 @ 01:00 GMT

NIGERIA has finally let the world know that it was very serious about preserving its religious and social culture with the signing of the anti-gay law by President Good Luck Jonathan on Monday, January 13. With the president’s signature, it means that anyone found guilty of the crime of same sex relationship will spend 14 years behind bars. With the anti-gay law, Nigeria now joins 34 other African nations with strict anti-gay laws. Of the 78 countries where homosexuality is criminalized, 35 are in Africa.

Some gay couples protesting in Anambra State
Some gay couples protesting in Anambra State

Jonathan’s assent to the bill sent to him by the National Assembly outlawing same sex relationships as expected has generated different reactions from within and outside the country. Most Nigerians favour the new law while some world leaders have criticised it. There are also others who are unperturbed about the new law because it make little or no difference to their lives. Many Nigerians are comfortable with the anti-gay law because of their cultural and religious belief although the international community, especially the United States of America, USA, and Britain are displeased with the Nigerian government over its anti-gay stance.

John Kerry, the USA Secretary of State, on Monday, January 13, said, his country was “deeply concerned” by a law that “dangerously restricts freedom of assembly, association, and expression for all Nigerians.”

Similarly, Samantha Powers, the U.S permanent representative to the United Nations and member of President Barack Obama’s cabinet, America “was deeply troubled that Nigeria’s President signed anti-lesbian, gay, bisexual, and transgender law.” She added that the law was “A big setback for human rights for Nigerians.”

The flurry of protests against the anti-gay law started when the two arms of the National Assembly passed the bill last year. The lawmakers in Nigeria’s House of Representatives unanimously voted against same sex marriage in the country on May 23, 2013. The senate had also previously passed its own in November 2011 although that of the lower house stirred more controversy because it recommended a 14-year jail term for violators.

The bill specifically says: “Persons who enter into a same-sex marriage contract or civil union commit an offense and are each liable on conviction to a term of 14 years in prison. Any person, who registers, operates or participates in gay clubs, societies and organisations or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offense and shall each be liable on conviction to a term of 10 years in prison.”

Samantha Power
Power

After the House passed the bill, there were series of protests by Nigerians living abroad and in some parts of the country. In London, for instance, some Nigerians converged at the Nigerian embassy to stage a protest. They presented a paper to the Nigerian Ambassador where they made it clear that the prohibition of sex same relationship was an infringement on their fundamental human rights.

Although the passage of the bill by the National Assembly was a milestone, the bill still required the assent of the president to become an effective law. Jonathan was under intense pressure from local and international bodies not to assent to the bill because it negates the concept of freedom. Britain had threatened to withdraw its annual financial aid to Nigeria if the president assented to the bill to ban same sex relationships. Amnesty International also wrote Jonathan urging him not to sign the bill because it was “discriminatory”.

Another organisation known as the international humanist and ethical union called the bill a “heinous law” and “an attempt to silence critics. In the context of Nigeria, this is a populist move, perhaps, designed to win votes ahead of next year’s election. But the president should know it comes with a cost: it destroys any pretence Goodluck may once have had to reputable international statesmanship,” Sonja Eggerick, the group’s president, said.

Defending the president’s action, Reuben Abati, special adviser on media to Jonathan, said the law was in conformity with the cultural and religious values of Nigerians. He added that Jonathan signed the bill into law because more than 90 percent of Nigerians are opposed to same sex relationships. “And I think that this law is made for a people and what government has done is consistent with the preference of its environment. The law is in line with our cultural and religious belief as a people.”

Like Abati, many Nigerians seem to agree that gay relationship is indeed alien to the country. Those commenting on the new anti-gay law on the social media and other platform have commended Jonathan for defying pressure from western countries and signing the bill into law.

Ruben Abati
Abati

In a comment during a discussion on the new law, Jude Igboko, public affairs analyst, said:  “I think people here are trying to impose their beliefs which are not utilitarian on others. As far as I am concerned, gay practice is not part of our traditional culture. As a Christian, the Holy Book forbids the practice. I can refresh our memory with the Sodom and Gomorrah. Nobody here should try to paint the picture that gay is not an imported culture.”

Femi Tonade, an Abuja lawyer, said: “Signing the bill is good riddance to bad rubbish. We haven’t even considered the numerous social implications of the unholy union. Although the number of child adoption may increase as a result of the legalisation of gay marriage, that is not necessarily a good thing to the society overall. There is only little research being done on whether children raised under gay parents will be disadvantaged compared to others, but it is recognised that a straight household is the optimum environment to raise children.”

Despite the commendations, there are those who accuse Jonathan of signing the bill for political gains. They opine that the president waited this long because he wants to use the anti-gay law to garner votes at the 2015 elections.

Tony Ejije, a student of Delta State University, Abraka, said Jonathan is a politician who knows the importance of making popular decisions when elections are close. He said the bill would have stayed longer on the president’s table if elections were not so close. “He did it simply to gather votes. Now that he had done it everybody is praising him and nobody is talking about all the things he is doing wrong. It is a very good campaign strategy.”

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