SAME SEX MARRIAGE (PROHIBITION) ACT, 2013

An Act prohibits same-sex marriage, civil unions, and public displays of same-sex relationships in Nigeria. It targets individuals, organizations supporting such activities, and law enforcement. This aims to enforce restrictions on these relationships through criminal penalties.

What Is This Policy?

A federal Act that prohibits same-sex marriage, same-sex civil unions, and public display of same-sex romantic relationships in Nigeria, with criminal penalties for violations.

Who Does It Target?

All persons in Nigeria Organisations and clubs for gay persons Courts and law enforcement International human rights bodies (as monitors)

What Does It Aim to Achieve?

Prohibit same-sex marriage and civil unions in Nigeria, criminalise support for same-sex relationships through registration or meetings, and prescribe penalties for violations.

Key Features

Marriage Prohibition: Prohibits any marriage contract or civil union between persons of the same sex. Criminalisation: Criminalises public shows of same-sex amorous relationships with up to 10 years imprisonment. Organisation Ban: Prohibits the registration of gay clubs, organisations, or meetings in Nigeria. Penalties: Marriage and civil union violations attract 14 years imprisonment; public display attracts 10 years.

Current Status

Rollout Stage: Active Coverage: Nationwide Beneficiaries: Contested — the Act is subject to significant international human rights criticism Funding: Federal Government

How to Access

Law is applicable to all persons in Nigeria Human rights organisations have documented concerns about enforcement and its impact on LGBTQ+ persons Application method: Not applicable — criminal law.

Important Terms

The Act has been widely criticised by international human rights bodies as violating fundamental rights Its existence creates barriers to HIV services for men who have sex with men (MSM) Nigeria's public health agencies must navigate providing HIV services within this legal context

Official Resources

Website: https://www.agf.gov.ng Contact: Office of the Attorney General of the Federation

Legal Framework

Enacted under the legislative powers of the National Assembly vested by Section 4 of the 1999 Constitution (as amended). The Same Sex Marriage (Prohibition) Act 2013 is the principal federal statute. Criminal penalties operate under the Criminal Code Act applicable in southern states and the Penal Code Act applicable in northern states; Sharia Penal Code provisions in 12 northern states impose additional penalties. Aligns with Section 45 of the Constitution on derogations for public morality.