Okuneye Idris Olarenwaju more famously called Bob Risky recently took to his social media to announce what many Nigerians had already ascertained – he says he is a homosexual.
According to the Laws of the Federal Republic of Nigeria, Bob Risky cannot be arrested for saying he is gay. The Same Sex Prohibition Act signed into law by Goodluck Jonathan in 2014 can only be enforced if the parties are married.
Several sources including The Herald had speculated that Okuneye had been arrested due to his homosexual orientation, however the laws of the Federal Republic are clear.
SAME SEX MARRIAGE (PROHIBITION) ACT, 2014 says 14 years will be the penalty for a person who enters into a same sex marriage contract or civil union.
Also, Festus Keyamo (SAN), a legal activist told Linda Ikeji Blog, “For me, you have to be caught in the act. Yes, it may amount to corrupting public moral when you go on social media to announce you are gay but we are talking about the law here and not sentiment and if we are talking about the law, the person has to be caught in the act. Except the person says he is gay and refers to a particular gay act that can be verified. For example, if Mr. A comes out on social media to say I am a thief, he cannot be arrested because his declaration that he is a thief cannot be linked to a particular act of stealing.
“Anybody can come out to say I am a kidnapper but if you do not link that declaration to a particular incident that happened, that person cannot be arrested. So also, if a person comes out to say I am gay and you can’t link it to a particular gay act that actually happened or that he was caught in the act, I think it is wrong for such a person to be arrested. You can only be arrested when you consent to the act that can be verified. He can be arrested for saying that he is gay but it must be linked to a gay act that happened. You cannot be arrested for just saying you are gay.”
Full Text Of The Anti-Gay Nigerian Law:
SAME SEX MARRIAGE (PROHIBITION) ACT, 2014
EXPLANATORY MEMORANDUM
This Act prohibits a marriage contract or civil union entered into between persons of same sex, and provides penalties for the solemnization and witnessing of same thereof.
ARRANGEMENT OF SECTIONS
1. Prohibition of marriage or civil union by persons of same sex.
2. Solemnization of same sex marriage in places of worship.
3. Recognized marriage in Nigeria.
4. Registration of homosexual clubs and societies.
5. Offences and penalties.
6. Jurisdiction.
7. Interpretation.
8. Citation
SAME SEX MARRIAGE (PROHIBITION) ACT 2014
An Act to prohibit a marriage contract or civil union entered into between persons of same sex, solemnization of same; and for related matters.
[Commencement] 7th Day of January, 2014]
Enacted by the National Assembly of the Federal Republic of Nigeria:
Prohibition of marriage or civil union by persons of same sex
1. (1) A marriage contract or civil union entered into between persons of same sex:
(a) is prohibited in Nigeria; and
(b) shall not be recognized as entitled to the benefits of a valid marriage.
(2) A marriage contract or civil union entered into between persons of same sex by virtue of a certificate issued by a foreign country is void in Nigeria, and any benefit accruing therefrom by virtue of the certificate shall not be enforced by any court of law.
Solemnization of same sex marriage in places of worship
2. (1) A marriage contract or civil union entered into between persons of same sex shall not be solemnized in a church, mosque or any other place of worship in Nigeria.
(2) No certificate issued to persons of same sex in a marriage or civil union shall be valid in Nigeria.
Recognized Marriage in Nigeria
3 Only a marriage contracted between a man and a woman shall be recognized as valid in Nigeria.
Registration of homosexual clubs and societies
4. (1) The Registration of gay clubs, societies and organisations, their sustenance, processions and meetings is prohibited.
(2) The public show of same sex amorous relationship directly or indirectly is prohibited.
Offences and Penalties
5. (1) A 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.
(2) A person who registers, operates or participates in gay clubs, societies and organization, or directly or indirectly makes public show of same sex amorous relationship in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.
(3) 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.
Jurisdiction
6. The High Court of a State or of the Federal capital Territory shall have jurisdiction to entertain matters arising from the breach of the provisions of this Act.
Interpretation
7. In this Act:
“Marriage” means a legal union entered into between persons of opposite sex in accordance with the Marriage Act, Islamic Law or Customary Law;
“Court” means High Court of a State or of the Federal Capital Territory;
“Same sex marriage” means the coming together of persons of the same sex with the purpose of living together as husband and wife or for other purposes of same sexual relationship;
“Witness” means a person who signs or witnesses the solemnization of the marriage; and
“civil union” means any arrangement between persons of the same sex to live together as sex partners, and includes such description as:
(a) adult independent relationships;
(b) caring partnerships;
(c) civil partnerships;
(d) civil solidarity pacts;
(e) domestic partnerships;
(f) reciprocal beneficiary relationships;
(g) registered partnerships;
(h) significant relationships; and
(i) stable unions.
Citation
8. This Act may be cited as the Same Sex Marriage (Prohibition) Act, 2014.