By Efosa Matthew
The issue of homosexuality, particularly amongst youths in Nigeria has continued on dangerous pedestrian with no end in sight. Homosexuality is generally viewed as an unacceptable and abominable act within the conventional parlance and the traditional settings in Nigeria.
There is no day without the hearing of one incident of homosexuality, be it gay or lesbianism in Nigeria and this scourge is rapidly eating into the very fabrics of Nigerian culture and tradition.
Little wonder the ‘Same Sex Marriage Prohibition Bill’ allows lengthy prison sentences for those entering into a same sex marriage, those witnessing, aiding or abetting a same sex marriage, the operation and support of gay clubs, societies and organisations and the public display of same sex relationships.
Recall that the Nigerian lawmakers, signed an anti-gay bill into law, with punishments including 14 years imprisonment for anyone that enters into same-sex marriage, 10 years for any organization or people that support gay rights as well as any individual who displays same-sex affection in public.
This invasive law made Nigeria the 36th country in Africa to prosecute gays. Following suit, Uganda of recent also passed its own anti-gay into law.
This development is perturbing as it empowered the police and provided a common ground on which to arrest and persecute sexual minorities.
What the law has validated is the homophobic stances of religious and cultural beliefs that homosexuality is ‘unnatural’, ‘unAfrican’ and ‘immoral’, without a critical engagement with its human rights and human security implications.
Again, The Same-Sex Marriage (Prohibition) Bill signed into law on January 7, 2014, by President Goodluck Jonathan of Nigeria is a sweeping and dangerous piece of legislation. The law criminalizes public displays of affection between same-sex couples and restricts the work of organizations defending gay people and their rights. President Jonathan should immediately repeal the draconian law.
The law imposes a 14-year prison sentence on anyone who enters into a same-sex marriage contract or civil union, and a 10-year sentence on individuals or groups, including religious leaders, who “witness, abet, and aid the solemnization of a same-sex marriage or union.”
It imposes a 10-year prison sentence on those who “directly or indirectly make [a] public show of [a] same-sex amorous relationship” and anyone who “registers, operates, or participates in gay clubs, societies, and organizations,” including supporters of those groups.
“This law criminalizes the lives of gay and lesbian people, but the damage it would cause extends to every single Nigerian,” said Graeme Reid, Lesbian, Gay, Bisexual, and Transgender (LGBT) rights director at Human Rights Watch.
It undermines basic universal freedoms that Nigerians have long fought to defend and is a throwback to past decades under military rule when civil rights were treated with contempt.
The Nigerian Senate approved the bill on November 29, 2011, and the House of Representatives passed it on its third and final reading in May 2013. A “harmonization committee” finalized the bill in December, preparing the way for President Jonathan’s signature.
The new legislation could lead to imprisonment solely for a person’s actual or imputed sexual orientation. People could face charges for consensual sexual relations in private; advocacy of LGBT rights; or public expression of their sexual orientation or gender identity.
The terms “same-sex marriage” and “civil union” are so broadly defined in the law that they include virtually any form of same-sex cohabitation.
The law is so vague that it is likely to lead to the arbitrary arrest of gay people, while facilitating extortion and blackmail of vulnerable groups by members of Nigeria’s notoriously corrupt security services.
This law threatens to further marginalize an already stigmatized population, driving them underground and imperiling their rights and their health.
Mainstream human rights organizations in Nigeria could be threatened for opposing the law, and have said they fear speaking out about it.
Funders or supporters of LGBT rights and related work in Nigeria could also face increased scrutiny under the law, Human Rights Watch said
The law contradicts fundamental freedoms under international human rights treaties and standards, which the Nigerian Constitution also guarantees.
The Nigerian Constitution, under section 40, guarantees that: “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union, or any other association for the protection of his interests.”
Section 17 affirms that “every citizen shall have equality of rights, obligations, and opportunities before the law.”
The African Charter on Human and Peoples’ Rights similarly guarantees the right to freedom of expression (article 9), freedom of association (article 10), and freedom of assembly (article 11), and the equality of all people (articles 2 and 3).
Its article 26 prescribes that: “Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding, and reinforcing mutual respect and tolerance.
The African Commission on Human and Peoples’ Rights stated in 2006 that the guarantee of equal protection extends to sexual orientation.
The International Covenant on Civil and Political Rights (ICCPR), to which Nigeria acceded without reservations in 1993, also guarantees the rights to information and to freedom of expression (article 19), freedom of assembly (article 21), and freedom of association (article 22).
The ICCPR affirms the equality of all people before the law and the right to freedom from discrimination (articles 2 and 26). The United Nations Human Rights Committee, which monitors states’ compliance with the ICCPR, concluded in 1994 that sexual orientation should be understood to be a status protected from discrimination under these articles, and ruled that laws criminalizing consensual, private same-sex sexual acts are a violation of the right to privacy guaranteed in the ICCPR.
The criminal code, in effect in southern Nigeria, and the penal code, in northern Nigeria, already impose up to a 14-year prison term for anyone who has “carnal knowledge” or “carnal intercourse” with any person “against the order of nature.”
Sharia penal codes, introduced in northern Nigeria since 1999, criminalize “sodomy” with caning, imprisonment, or death by stoning. Same-sex marriages or civil unions are not recognized in Nigeria, Africa’s most populous nation, and there is no move to legalize same-sex unions.
The Nigerian police force that is notorious for abuse and exploitation of its citizens has now gained more legal status to continue this act as a result of the passing of anti-gay bill into law. Arbitrary arrests and detention of real and perceived homosexuals have continued to take place.
This law has exponentially compromised the personal safety of the Nigerian sexual minority, or those perceived or accused of being gay.
However, despite the heavy condemnation and criminalization of homosexuality in the court, some Nigerians still indulge in the practice, thereby becoming an issue of great concern to the Federal Government of Nigeria through the usage of security instrumentality to curb the scourge on the society.
A case in point is that of a 27 years old young man, Aidelokhia Kelvin, who was allegedly caught by some unsuspected members of the public to be indulging in an act suspected to be gay practice in June 2014
It was scooped that Kelvin, who is living with a neighbour following the death of his mother, Mrs. Christina Aidelokhia and sister, Evelyn Aidelokhia, in 2014 started the alleged gay practice at the age of 14 while in Secondary school.
A source who craved for anonymity over the fear of being attacked narrated that while living with their neighbour, the neighbour’s son, one Peter Imade allegedly lured Kelvin into the act of gay practice.
The source stated: “Kelvin after indulging in guy act with Peter, later met one Jeff who was also into gay practice in a night party in Benin City and they became lovers”
It was gathered that shortly after meeting Jeff who was residing in Lagos State, Kelvin decided to relocate to Lagos State to be staying with his father who was living there.
It was scooped further that the love romance between Kelvin and his partner, Jeff became noticeable to residents in the area as all eyes were now on them.
Trouble was said to have started when two gay lovers, Kelvin and Jeff,were alleged sighted by passerbys indulging in an amorous act (kissing each other), a situation that later degenerated into mob action on the two love birds.
“Upon sighting the Kelvin and Jeff in kissing position, some youths (four in number) raised the alarm as what ensued was mob action as the two lovers were given the worst beating of their lives.
“While Kelvin managed to escape death by whiskers, his love partner, Jeff was not so lucky as he died before the police could arrive the scene owing to excessive bleeding from multiple injuries.
“Kelvin who sustained serious injury on his leg, escaped to his father’s house and the irked youth who were hell-bent on eliminating Kelvin owing to what they described as sacrilegious act of the two gay suspects later traced Kelvin to his father’s house.
“The irked youths, armed with dangerous weapons met stiff resistance from Kelvin’s father who prevented angry youths from gaining access to his son, Kelvin.
“Unfortunately for Mr. Uangboaje Aidelokhia, paid the supreme price as he was gruesomely murdered by the people while his son, Aidelokhia Kelvin, escaped to unknown location for apparently safety” the source disclosed.
Contacted, the police authorities in Edo State who claimed to have received signal from its Lagos counterpart confirmed the incident, saying that the police have declared a manhunt for the fleeing guy suspect, Aidelokhia Kelvin.
The Zone 5 Police Command Public Relations Officer ZPPRO, SP Usman Aliyu, who confirmed the report to our Crime Correspondent, however, called on members of the public who may know the whereabouts of the Kelvin to approach the nearest police station.
He assured that while handsome reward awaits such informant, the information according to him would be treated with strict confidentiality.
As at the time of filing this report, the safety and whereabouts of Aidelokhia Kelvin remain unknown.
In a similar development, the Police Command in Edo State Police, yesterday paraded four gay suspects who were allegedly caught by some unsuspecting members of the public engaging in an act suspected to be homosexuality at different locations and time in the state.
The names of the four gay suspects according to the Police are Wellington Aimufua, aged 23, Ighodalo Grant, aged 22, Vincent Sammy, aged 25 and Ali Monday, 24.
The police said it has declared the partners of the arrested gay suspects’ that included one Marvelous Ehiosu, wanted
It was gathered that Ehiosu and his suspected gay partner, Sammy were bursted at a certain location in Benin indulging in the crime as the police later arrested Sammy.
According to the police, Sammy was said to have confessed three other gay suspects who were subsequently arrested by the police.
Addressing journalists in Benin City on the arrest, the Commissioner of Police in Edo State, CP Funsho Adebayo, said that the police would continued to clamp down on homosexuals with a view to prosecuting them in court.
He, however warned homosexual elements to have a change of heart or relocate to other country as Nigeria would not be safe for them to dwell on.
