^ abNeither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
^Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
^A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
^Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
^Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
On January 18, 2007, the Federal Executive Council proposed a bill prohibiting same-sex marriages and urged the National Assembly to pass it urgently. According to the Minister of Justice, Bayo Ojo, the bill was pushed by President Olusegun Obasanjo following the International Conference on AIDS and Sexually Transmitted Infections in Africa (ICASA) in Abuja in 2005. The bill would call for five years' imprisonment for anyone who "undergoes, performs, witnesses, aids, or abets" a same-sex marriage. It would also prohibit any display of a "same-sex amorous relationship" and adoption of children by gays or lesbians.[1] The bill received little to no opposition in Parliament. It would also prescribe five years' imprisonment for involvement in public advocacy or associations supporting the rights of lesbian and gay people, including a ban on any form of relationship with a gay person.[2]
A similar draft bill was proposed in 2013. It states: "A person who registers, operates or participates in gay clubs, societies or organizations, or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offense and is liable on conviction to a term of 10 years." It passed Parliament with little opposition,[4] and was signed into law by President Goodluck Jonathan on January 7, 2014 as the Same Sex Marriage (Prohibition) Act 2013 (SSMPA).[a] The law voids marriage contracts between people of the same sex and bans persons from "aiding and abetting" same-sex marriages.[7][8]
Proponents of the legislation cited their Christian or Muslim faith and culture to support the law. Critics contended that local cultures did not explicitly forbid same-sex marriages and relations. For instance, an ìyá ṣàngó (Yoruba:[ì.jáʃã̀gó]) is a priestess of Shango, the deity of thunder and lightning in the Yoruba religion, who during trance possession is no longer viewed as a woman and is seen to marry Shango at the metaphysical level, becoming a man. Male ìyá ṣàngó would dress in "women's clothing, cosmetics, and jewelry and sport women's coiffures when they [were] going to be possessed".[9][10] In Hausa culture, there are men who exhibit feminine traits and are sexually attracted or intimate with other men, known as ƴan daudu (Hausa:[j̰ándáudùː]).[11] However, while these identities and behaviours may be placed on the LGBT spectrum, they differ from a Western perspective of same-sex relationships. Discrimination against the ƴan daudu has increased in recent years, which many ƴan daudu attribute to increased religiosity among the Hausa people.[12] Among the Igbo people, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a "wife" (Igbo: nwunye ọkpọrọ) to increase her economic status and perpetuate her inheritance and family lineage. Offspring from a female same-sex marriage (alụmalụ nwaanyị na nwaanyị) guarantee the female "husband" economic standing by "maintaining her rights to occupy property which is inherited by her children".[13] Female same-sex marriages are also practiced among the Yoruba, Nupe and Ijaw peoples,[10] and predate the arrival of Roman Catholic and Anglican missionaries to Nigeria in the 19th century.[14][15] However, this traditional practice has gradually disappeared due to the influence of Christian churches, and polling suggests that most women now disapprove of the institution.[13]
Aftermath and arrests
A case, Mr. Teriah Joseph Ebah v. Federal Republic of Nigeria, challenging the constitutionality of the law was dismissed by the Federal High Court in October 2014 for lack of standing.[16] In 2018, several LGBT activists said to their knowledge that the law had never been used to convict anyone in any same-sex marriage-related case. According to the activists, this is because the law is "incoherent", and many cases involving suspected LGBT persons lack proper evidence, making it "impossible for prosecutors to present a winnable case and prove that any crime has been committed".[17] Nevertheless, "because of this law, the police treat people in any way that they please. They torture, force people to confess, and when they hear about a gathering of men, they just head over to make arrests."[18] In 2018, a group of 47 men were arrested in Lagos for allegedly being "initiated into a gay club". The men said they were attending a birthday party. This case was widely seen as a test case on whether the law could be used to prosecute. Judge Rilwan Aikawa of the Federal High Court dismissed the case for lack of evidence in October 2020.[19] In October 2020, LGBT activists also used the End SARS protests in Nigeria to demand an end to marginalization of the LGBT community in Nigeria.[20]
The Kano State Hisbah Corps arrested 12 young men in January 2015 in Kano on suspicion of planning a same-sex wedding. The men denied it, saying they were planning a friend's birthday party. Similarly, the police force arrested 11 young women in 2018 on charges of planning a lesbian wedding. The women refuted the charges, saying they were celebrating the appointment of their dance club's president. In December 2022, 19 people were arrested on similar charges. None of these cases have resulted in a conviction.[21] In August 2023, 69 people were arrested in Warri for allegedly participating in a same-sex marriage. The police livestreamed the arrest on their Facebook page, a practice the Federal High Court had ruled illegal in 2022.[22] They were released on bail the following month.[23] In October 2023, 76 people were arrested in Gombe State on suspicion of planning a same-sex wedding.[24][25]
Support for same-sex marriage among 18–21-year-olds according to a 2016 survey from the Varkey Foundation
A 2015 opinion poll conducted by NOIPolls in partnership with the Initiative for Equal Rights and the Bisi Alimi Foundation showed that 87% of Nigerians supported the Same Sex Marriage (Prohibition) Act 2013.[31]
A September–October 2016 survey by the Varkey Foundation found that 16% of 18–21-year-olds supported same-sex marriage in Nigeria.[32]
A Pew Research Center poll conducted between February and May 2023 showed that 2% of Nigerians supported same-sex marriage, 97% were opposed and 1% did not know or refused to answer. Christians (97%) and Muslims (98%) were equally likely to oppose same-sex marriage.[33]
^Broadbent, Emma; Gougoulis, John; Lui, Nicole; Pota, Vikas; Simons, Jonathan (January 2017). "What The World's Young People Think And Feel"(PDF). Varkey Foundation. Archived(PDF) from the original on 20 August 2019. Retrieved 14 April 2021.
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