The SSMPA Challenge Case
Learn more about the pivotal and impactful changes being made around the 2014 Same-Sex Marriage Prohibition Act
The Same-Sex Marriage Prohibition Act (SSMPA) 2014
In 2014, Nigeria’s President signed the Same-Sex Marriage Prohibition Act (SSMPA) into law after a seven-year consideration by both Houses of the National Assembly. The Act criminalises same-sex marriages and civil unions, with those found guilty facing up to fourteen years in prison. In addition, the law stipulates that anyone supporting the operation and sustenance of gay organisations or events in Nigeria is liable for ten years of imprisonment.
The SSMPA 2014 imposed legal restrictions on LGBTQIA+ organisations, making it challenging for them to operate openly and advocate for LGBTQIA+ rights limiting access to life-saving healthcare. Specifically, sections 4(1), 5(2) and 5(3) of the law prohibits the formation of organisations that support or promote same-sex relationships, thereby limiting their ability to freely form associations, assemble and express their views. The SSMPA infringes on Nigeria’s Constitution and binding international obligations safeguarding fundamental human rights such as dignity, equality, privacy, freedom from arbitrary arrest, detention, and expression and association.
The Federal High Court, Ikoyi lawsuit and Judgment
On the 7th of February 2020 The Initiative for Equal Rights (TIERs) and a group of human rights organisations, and activists, filed a lawsuit in the Federal High Court of Nigeria, Lagos Division. The lawsuit argued that sections 4(1), 5(2), and 5(3) of the Same-Sex Marriage (Prohibition) Act 2014 violated Nigerian constitutional provisions as amended, and international human rights standards. The group sought an order nullifying these sections of the law, asserting that they were unconstitutional and in violation of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
On the 5th of October 2022, Hon. Justice A. Lewis-Allagoe delivered a landmark ruling in favour of the plaintiffs. In his ruling, he held that “When fundamental right offends public morality or interest, the public interest outweighs the personal right thus the provisions of Sections 4(1), 5(2) and 5(3) of the Same-Sex Marriage (Prohibition) Act may not be out of place in the interest of the public morality and beliefs of the Nigerian people. However, considering the fact that the Plaintiffs are persons naturally predisposed to LGBTI preferences as human being out of choice of theirs, criminalising such natural predisposition or totally prohibiting same rather than restriction seems to be an overkill and excessive or disproportionate action by the law” The Judge therefore held that the rights and freedoms invoked by the Plaintiff are universally recognised and granted all the reliefs sought.
Going by this judgement, Sections 4(1), 5(2) and 5(3) of the Same-Sex Marriage (Prohibition) Act has been declared unconstitutional and can not be enforced in any part of the country. This is particularly useful in ensuring LGBTQIA+ people in Nigeria can not be convicted of an offence related to show of same sex amorous relationship or the registration of gay clubs, societies and organisation. It is our hope that threats, harassment, and violence metted on LGBTQIA+ people in Nigeria by the provisions of Sections 4(1), 5(2) and 5(3) of the Same-Sex Marriage (Prohibition) Act will sieze.
What does this mean for LGBTQIA+ community and all Nigerians as a whole?
It means that under this new ruling which nullifies Sections 4(1), 5(2), and 5(3) of the Same-Sex Marriage (Prohibition) Act 2014,
- LGBTQIA-themed organisation, society, club can be registered by anyone in Nigeria, without fear of discrimination or legal action from the government and other state actors
- All Nigerians, including LGBTQIA+ persons, are free to assemble with like-minded people to share ideas without fear of arrest or harassemnt.
- All Nigerians, including LGBTQIA+ persons, are free to form and join associations and organisations to pursue common goals even if these goals surround advocating for LGBTQIA+ rights.
- All Nigerians, including LGBTQIA+ persons, are free to host parties, and meet up with their friends without getting harassed by anyone.
- All Nigerians, including LGBTQIA+ people can have friends who are perceived to be LGBTQIA+
- Every individual has the inherent right to freely express themselves, embracing their unique style, fashion choices, and personal presentation without the fear of harassment or discrimination based on their perceived gender identity or sexual orientation.
This judgement marks a significant milestone in the ongoing struggle for LGBTQIA+ rights in Nigeria. It highlights the importance of the judiciary in safeguarding fundamental freedoms and provides hope for a more inclusive and equitable society. The ruling reinforces the notion that human rights are universal and should be protected for all individuals, regardless of their sexual orientation or gender identity.
Click here to download full court documents