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Nigeria’s Unjust Anti-Gay Law: A Violation of Human Rights and Dignity

  • August 31, 2023

In a blatant display of disregard for human rights and dignity, Nigerian police in Delta State arrested numerous individuals on Tuesday under the pretext of violating the country's anti-gay law. Accused of participating in a gay wedding, these men and women were subjected to humiliation, media scrutiny, and a violation of their fundamental rights. Such actions starkly contrast with principles enshrined in both the Nigerian constitution and international human rights agreements, emphasizing respect for human dignity, fair trials, and the presumption of innocence.

Delta State's commissioner of police, Wale Abbas, announced the arrest of 67 people allegedly involved in a same-sex wedding ceremony at a hotel in Warri. The police's decision to parade these individuals before the media and stream the event on social media was not only a breach of their right to privacy but also a direct violation of the Federal High Court's ruling in 2022. This ruling deemed such pretrial media parades unconstitutional, highlighting the importance of respecting the dignity of individuals and upholding the principle of a fair trial.

At the heart of this egregious incident lies Nigeria's Same Sex Marriage Prohibition Act, which criminalizes same-sex relationships and marriages, subjecting violators to prison sentences of up to 14 years. The Act not only infringes upon personal freedoms but also fosters a climate of discrimination, enabling abuses against lesbian, gay, bisexual, and transgender (LGBT) individuals. It empowers law enforcement agencies to carry out arbitrary arrests, extortion, torture, and other forms of ill-treatment with impunity.

Nigeria's history with the enforcement of this Act reflects a troubling pattern. Back in 2019, the police attempted to prosecute 47 men accused of engaging in same-sex public displays of affection in Lagos State. However, the case fell apart due to the police's failure to appear in court and present witnesses. This incident underscores not only the questionable basis for such arrests but also the lack of accountability within the system.

The same-sex marriage prohibition legislation contradicts international human rights agreements, such as the African Charter on Human and Peoples' Rights. These agreements advocate for the protection of human dignity and the presumption of innocence until proven guilty in a fair trial. By continuing to implement and enforce such laws, Nigerian authorities are perpetuating discrimination, stifling personal freedoms, and undermining their own international commitments.

In order to rectify this situation and uphold the principles of human rights and dignity, it is imperative that Nigerian authorities take immediate action. The police's abusive media parades must be stopped, and all individuals arrested under the anti-gay law should be released without charges. Moreover, Nigeria should reevaluate and ultimately repeal the Same-Sex Marriage Prohibition Act, acknowledging the harms it perpetuates against a vulnerable segment of the population.

No individual's life should be criminalized based on their sexual orientation. The global community must stand together to advocate for the rights, dignity, and fair treatment of all individuals, regardless of their real or perceived sexual orientation. Nigeria's journey towards justice and equality requires a commitment to reform its laws and practices to reflect the values of inclusivity, respect, and human rights for all.

Author

  • Tapaswini Dash
    Tapaswini Dash

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