This write up was inspired by an incident between a lady and a Taxify driver in Lagos State.
A Twitter user, Juicy J shared her experience with a Taxify driver in Lagos. According to her, she was left in shock after her Tips were squeezed by the driver when she told him she’s a lesbian. This transpired during a sexual orientation discussion after the passenger admitted being a lesbian. She expressed intolerability of the purported act and called on the Nigerian police and Taxify management to arrest suspet. The suspect was arrested and will be charged with sexual assault.

However most Nigerians have castigated her for being a lesbian and are of the opinion that she ought to be arrested for being a lesbian instead of the Taxify driver who assaulted her sexually.
I think they are not properly guided vis a vis anti gay law in Nigeria.
The average Nigerian out there thinks that having the sexual orientation of being gay or lesbian is a crime and therefore those with such sexual orientations should be arrested and prosecuted forthwith like in the case above .
It is pertinent to note that the only Act we have in Nigeria with respect to gay marriages and activities is the Same Sex Marriage Prohibition Act 2013 which was enacted during President Goodluck Jonathan's Administration and since then no amendments have been made. This Act does not criminalise gay or lesbian sexual orientation.
What does this Act criminalise or prohibit?


S. 1 (1) of Same sex marriage prohibition Act provides that a marriage contract or civil union entered into between persons of same sex
(a) is prohibited in Nigeria,
(b) shall not be recognised as entitled to benefits of a valid marriage.

S. S 4 (1) of the Act provides that;
The registration of gay clubs, societies and organizations, their sustenance, procession and meetings is prohibited.
(2) The PUBLIC show of same sex amorous relationship directly or indirectly is prohibited.

Section 5 of the Same Sex Marriage Prohibition Act provided for the offences and punishment in relation to gay marriage, clubs and public amoral relationships.
(1) a person who enters into 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 organizations or directly or indirectly makes public show of same sex amorous relationship in Nigeria commits an offence and is liable on conviction for a term of 10 years imprisonment.
(3) a person or group of persons who administers, witness, aids or abets the solemnisation of a same sex marriage or civil union or supports the registration ,operation and sustenance of gay clubs , societies and organizations, processions or meetings in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.

Special emphasis on "public" show. From the provision of S. 4 (2) it is pertinent to note that what the Act criminalised is public display of same sex amorous relationship and is silent on private same sex amorous relationship.
There is no provision in this Act on sexual orientation also.

CFRN 1999 as amended, S.36(6) provides that subject as otherwise provided by this constitution , a person shall not be convicted for a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law, and in this subsection a written law refers to an Act of the National Assembly or a law of a state , any subsidiary legislation or instrument under the provisions of a law.

It is clear from the section above that the Same Sex Marriage Prohibition Act does not criminalise private display of same sex amorous relationship and hence cannot penalise those indulging in same same amorous relationship in the confines of their homes. Is this a loophole in the Act or is the Act simply respecting the right to privacy as enshrined in CFRN 1999 as amended. S. 39." The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected''.

It is almost impossible to prove private amoral same sex relationship without contravening the right guaranteed in Section 39 of the constitution. Perhaps that is the reason why the same Sex marriage prohibition Act 2013 is silent on that issue.

WHAT IS A PUBLIC PLACE AND PRIVATE PLACE
USLEGAL.COM defines a public place as generally an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose.
Generally, a private place refers to a place that is exclusively used by one or more individuals for a private gathering or other personal purpose. It is some place to which the public does not have free access.

From the foregoing, what will determine whether same sex amorous relationship has amounted to a crime or not is whether it was a public display or a private display and the Act only criminalised public display of amorous same sex relationship.
From the implication of the sections above we can reasonably infer that the law restricts same sex amorous relationship to the confines of private homes and expressly prohibits gay marriages which in the first place is what the Act had solely intended to prohibit.
If the Same Sex Marriage Prohibition Act intends to eradicate same sex relationships then perhaps an amendment should be considered to include private amoral relationships. Then we would start seeing the police breaking into homes or tapping into the conversions and private lives of citizens to prove private amoral relationships in contravention of the constitution of Nigeria which is sacred and sacrosanct.

While some might be of the opinion that gay activities are like any other criminal activities, right to privacy should not be respected and the police can storm and invade private homes on reasonable suspicion of any criminal act.
Whether this is good law is at the discretion of legislators to decide.

In conclusion, it is not an offence or a criminal Act to have a gay sexual orientation and therefore a person cannot arrested for being gay or lesbian as the case may be unless the person has contravened the provisions of Same Sex Marriage Prohibition Act.

Cc: Seun, lalasticlala , obinoscopy

https://legalpuzzles./2017/07/29/analysis-of-same-sex-marriage-prohibition-act-2013-and-what-it-truly-prohibits-in-nigeria/

Era of catching cheating spouses. The sanctity of marriage is always violated these days.

Dyt:



It takes one to know another

hehehe. Sorry for calling you that though.

[quote author=Dyt post=54234382][/quote] Whor.e

Dyt:
Everyone saying quit job


Yes
She has admitted her mistakes
She's pleading
Still pleading
Dunno why it's hard for men to forgive sha
Not like she's still with him sef
Hian
Very selfish set of humans





Y'all should take a chill pill
And stop quoting me


Y'all condemning her
Yes we all make mistakes
This is hers and she's willing to correct

So easy to throw jabs at people looking for hope
Like they haven't made mistakes once or twice in their lifetime

Typical!!!

You're a very foolish girl. See the nonsense you just typed. So the man should just pretend nothing happend. You're just an idiot. You forget the part where she slept with a married man who is currently her boss and hid it from the husband. Now the husband got to know through his friends. This just killed his ego. I'm sure you're one of those husband snatchers who go about sleeping with married men. Anofia! You're really the dumbest person on this forum. Fool!

tgmservice:
GTB may not be able to refund u why?

You have been defrauded and it may be due to your own fault

but the other account has been frozen. So why won't they refund him? they should trace the owner of the other account. This is a case of fraud.

Mtchew! He's not critically ill then where is he? why is he not presiding as president?

ekanDamie:

I agree, I get angry myself ESP on Twitter. it's quite moderate here, if Ur on Twitter, u would have hung urself walahi.
youths are just overly concerned with entertainment even at the expense of their personal development. d truth however is, if u have the opportunity of watching BBN, it can be very very enticing.

Quite true.

Iphone5:


Madam, it seems you are on your period

Shamstiel:
Acclaimed responsible humans sitting home all day being useless just for a reward of an uncertain 25 million naira, and useless youths keeping up with other people's lives on television all in the name of reality show

Spot on!

Iphone5:


You that is useful and your most active section on Nairaland is ROMANCE, who takes people like you serious

You can't be helped. I give up .You're a lost cause!

recievesense:
some idiats will spend 250k on a bottle of crystal and use it to wash their new gold wrist watch

And it's not as if they're rich like Dangote, Bill Gates etc. They just live their fake lifestyle only to impress people. Misplaced priorities I must say. Nice one Don Jazzy.

ekanDamie:

the fact that u don't have dstv or salelite TV DOS not mean u should hate.
I don't watch it too but I decide not to comment n just read n gerrout.
u can ignore d threads if it's that irritating, don't u think?

Seeing the topics on fp irritates me the more. I had to comment to talk fast. It's a stupid show! No morals at all. Put up a debate topic and see how people avoid it like plague. People are get dumber by the day. What a waste!

Iphone5:


Shut up, na your Papa get Nairaland......if it's irritating you, go to quora or another forum

Hypocrites oshi!

Dumb ass like you. You're a waste to the society. Better go and make yourself useful instead of watching BBN. Useless fellow. Youths of nowadays are so vain. Anofia!

Mods stop pushing al these irrelevant BBN topics to front page. It's becoming irritating please.

Thought I'd see brand new exotic cars. Anyway he tried.

Hizeey:
This might sounds weird but I experienced it,
My gf follows me to the Toilet and stands inside while I take a dump,
I’ve been with my gf for about three years and we’re into each other (Not Anymore).
I was getting more upset, and thought she might be a cat or something.

Yuck! so disgusting

coolestchris:
Seriously if she doesn't give you without stress ,she is obviously born to suffer..leave her please

Fool, your mentality is poor.

TEMINIKANSOSO:
X-ray Shows That My Heart Is Bleeding, And Doctor Said I should stay away from loving or anything related to love/emotions for now, if i want to live long. On Friday my girlfriend brokes up with me, after 3and half yrs together and i just graduated thinking abt marriage already, av gave my all, dat moment till Saturday i cried my eyes off, and fainted. But i am confused, is it possible for heartbreak to cause bleeding or they just fake it cos the result was not shown to me?

Looser!

I VOTE FOR MIMZY
CC NLJega

missclasssy:


Oh, really

Well, I now understand.... Enjoy yourself!

Sweerie I can share with you if you're obsessed too. C'mon girl don't be too uptight. lol

missclasssy:


Your level of obsession has turned in a sickness

Obsession? don't even know what it is. I'm just having fun dear.

marieolae:
Hmm okay oh
He will ask you out soon..don't worry
Pray agaisnt friend zoning lol.

Lol...He looks like a playboy. Fancy clothes, different cars..Whew!, I'm better off like this. djeezy no offence.

marieolae:
This one is obsessed..
Abi what is it sef lol

hehe I'm not obsessed. We are friends, repping him.

mirexxx:
lol no mind her

See you. Pack well jor.lol, thought I told u to back off.

rokiatu:
I am pretty sure shes just having fun and not really serious. Take it easy on her.

Yes dear. She's taking it serious and getting jealous at d same time. lol

Vickybee:
E be like say this Mzchinny never see fine boys wooing her.

Eyaah!

Why so serious girl. I'm catching fun but dude is cute as well.

When will this insurgent ever end? Naija which way. meanwhile wat shall we call the babies? bush babies?

The dude is pretty. Those eyes n lips. I pity the girl dating him, heart attack things. Okay no more pics....

pweetixandy:

Is this him again?!



I take it back...I like all skin types

He's mine. go and find your own.