DANIEL AGBO examines issues in the same-sex-marriage prohibition law, passed by the Benue state House of Assembly, last week, being the first state to localise the law prohibiting same sex marriage, that was signed by President Goodluck Jonathan, on January 7, 2015
Benue State House of Assembly last week, again, took the bull by the horns and passed a bill to prohibit a marriage contract or civil union entered into between persons of same sex in the state.
Clause by clause consideration
Cited as Same Sex Marriage Prohibition Law, 2018, the bill was passed after a Clause by Clause consideration in the Committee of the whole chaired by the Speaker, Mr. Terkimbi Ikyange.
According to the bill, a marriage contract or civil union entered into between persons of Same Sex shall not be solemnised in a Church, Mosque or any other place of worship in Benue state.
Gay clubs
The Bill also prohibit the registration of Gay Clubs, Societies and Organisations, their sustenance, procession and meeting as well as public show of Same sex amorous relationship directly or indirectly.
It stipulates that any 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.
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 gay clubs, societies, organizations, processions or meetings in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.
Though same sex marriage has never been witnessed in Benue state there have been gay activities alleged to have been going on in Makurdi the state capital.
Such gay activities were said to be found in the main high institutions in Makurdi including Benue state University and University of Agriculture and other major areas of the city.
Gay lecturers harassing students
There were even allegations of gay lecturers harassing students for amorous relationship.
Those involved were even said to have been operating a gay club off Katsina ala streets in the popular High Level Area of Makurdi the Benue state capital.
Though many have regarded this as a strange development in the state which has its citizens who are 98 percent Christians, the news of gay in town was gradually increasing by day.
Gay lovers were said be always parading places like Wurukum market in the evening in search of partners.
This trend was viewed by most people as alien and shameful, and those identified to be involved in the act were not taken serious and became laughing stock.
Tales of how even young men were raped started emerging but since there was no functional law nothing or little could be done by those abused or found to have been involved in the act.
Clear signals
With the passage of the law now, there are clear signals that if signed by Governor Samuel Ortom, gay activities will be completely banned in Benue.
This is because the provisions of the law as promulgated in the state gives stringent penalties for those violating it, with 14 years imprisonment.
Speaking after the thir d reading of the bill, Speaker, Ikyange, said same sex union is alien to the culture and tradition of the Benue state and as such needs to be prohibited.
“Same sex union or homosexuality is alien to the culture and tradition of the Benue people, in fact it is a taboo.
“In Benue state we have Tiv, Idoma Igede, Itilo among other tribes, but none practices same sex marriage. No tribe in Benue has the culture or tradition that allows men to marry men or women to marry women. In Benue men can only marry women and women can only go into a union with men.
Beliefs and orientation of Benue people
“So, this is a law that is in line with the people’s cultural and religious inclination. So it is a law that is a reflection of the beliefs and orientation of Benue people. The people are pleased with it.”
Ikyange also said he has heard of no one in the state demonstrations against the law.
“As it is the normal process of doing law we held public sittings for the law and nobody came out to oppose it.
“All the memoranda we received were against same sex marriage, the people unanimously spoke against it and that was why we had to go ahead with the law.
Media Assistant to Tor Tiv V, Mr. Freddie Adamgbe, in his reaction to the passage of the bill said, what the assembly has done is the right step in the right direction.
Not design by God
According to him, Same Sex sexual relationship is not the design by God but that of the devil in opposition to what God has done.
“From the beginning in the garden of Eden God created man and woman and asked them to multiply and fill the earth. It is through this union created by God that they got their first children, which were Cain and Abel.
“The devil is just misleading people through this issue of same sex marriage in the guise of human rights. This issue is alien to our African culture and traditions it is alien to Tiv culture so, in my opinion, it needs to be properly tackled to prevent it from getting hold of us.
“If this is not nipped in the bud, it will metamorphose and become part and parcel of our culture. “Our people have borrowed cultural values that are alien to us and this is what is causing us problems.
“Most of the deadly diseases we are getting now come because of these cultures so I commend the state assembly for the decision to outlaw gay activities and same sex marriage in the state.
“If gay was an intention of God and He saw it was good, God would have created only man and not also woman, so same marriage is unacceptable, devilish and condemnable,” he noted.
A medical Doctor, Terna Time, in his view said homosexual have several disadvantages standing against them.
He noted that the disadvantages for those practicing homosexual ranges from disease, finance, lack of children, promiscuity etc.
Danger to society
“This is a danger to society since it supports the spread of disease on a large scale.
“The financial drain on society due to the medical costs of HIV is huge. The greater the impact, the more damage it does to the society’s financial stability, this is what research has proven.
“Homosexual molest even their adult children, they are more promiscuous, and can be easily susceptive to depression. Even in countries that practice same sex sexual relationship, more people are opposed to the act.
“In countries like Nigeria, same sex is viewed as a taboo, and alien to the cultural values of the people. So people who involve in gay activities suffer discrimination or outright rejection.
“In parts of northern Nigeria where Islamic Shariah law is enforced, gays and lesbians can be legally stoned to death”, he noted.
The Benue same Sex Prohibition law, be it as it may, could be significant and signal to reject the request recently made by the British Prime Minister Theresa May to President Mohammadu Buhari, appealing that the Nigerian President should reconsider reforming the law earlier signed by former President Goodluck Jonathan.
International condemnation
It could be noted that when President Goodluck singed the Same Sex Marriage Prohibition Act to criminalize homosexual clubs, associations and organizations, with penalties of up to 14 years in jail, the act drew international condemnation from countries such as the United States and Britain.
The law was viewed by the countries already practicing same sex marriage as reflecting highly religious and conservative society perspective that considers homosexuality a deviation.
Nigeria is one of 38 African countries – about 70 percent of the continent – that has laws persecuting gay people, according to Amnesty International.
Some foreign embassies were shocked by the development leading to ‘curious’ inquiries from the Federal Government. Despite the inquiries, the federal government said there was no going back from the law which also rendered void marriage conducted outside moved to Nigeria.
Implications
Assent to the bill was also done devoid of usual fanfare to reduce diplomatic tension, which it might likely attract”.
Observers were also of the opinion that the law was partly what led to failure of President Jonathan in the 2015 presidential election.
It was believed that the Obama administration and Britain moved against the Jonathan administration in 2015 and queued behind the then All Progressives Congress (APC) candidate President Mohammadu Buhari, on account of what the White House saw as the unwillingness of the Peoples Democratic Party (PDP) to accommodate gay in the country.
In fact, US Secretary of State John Kerry was quoted to have in reaction to the law said, “the United States is “deeply concerned” by a law that “dangerously restricts freedom of assembly, association, and expression for all Nigerians.”
Former Nigeria’s coloniser, Britain, also raised some concerns over the law and said, “The U.K. opposes any form of discrimination on the grounds of sexual orientation.”
A statement from the spokesman for the British High Commission, traditionally not identified by name, said the law “infringes upon fundamental rights of expression and association which are guaranteed by the Nigerian Constitution and by international agreements to which Nigeria is a party.”
The British government also threatened to cut aid to African countries that violate the rights of gay and lesbian citizens.
It was also believed in some quarters that the recent comment by the British PM could be a subtle way of requesting from President Buhari to pay back or reciprocate the support they had given to him by standing behind the then opposition APC to win the election.
Observers are also of the opinion that it could be a signal of warning against President Buhari, that the British may not support his re-election if he does not reform the gay law.
