Nigeria Same-Sex Marriage Act

A BILL

FOR

An Act To Prohibit Marriage Between Persons Of Same Gender, Solemnization Of Same And For Other Matters Related Therewith

Sponsors:
Senator Domingo Obende
Senator Ehigie Edobor Uzamere
Senator Adegbenga Seflu Kaka
Senator Borrofice Robert A.
Senator Pius Ewherido
Senator Yusuf Musa Nagogo
Senator Mohammed Magoro
Senator Emmanuel Paulker
Senator George Sekibo
Senator Eyinnaya Abarbe
Senator Nenadi E. Usman
Senator Helen Esuene
Senator Babafemi Oiudu
Senator Owremi Tinubu
Senator Owgbenga Ashafa
Senator Obadara Owgbenga
Senator Joshua Dariye
Senator Saleh Mohammed Sani
Senator Hope Uzodinma
Senator Ayogu Eze
Senator Smart Adeyemi
Senator Ahmad Lawan
Senator Igwe Paulinus Nwagu
Senator Mohammed D. Goje
Senator Barnabas Gemade
Senator Boluwaji Kunlere
BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:
1.–(1) Marriage Contract entered between persons of same Gender is hereby prohibited in Nigeria.
(2) Marriages Contract entered between persons of same gender are invalid and shall not be recognized as entitled to the benefits of a valid marriage.
(3) Marriage Contract entered between persons of same gender by virtue a certificate issued by a foreign country shall be void in Nigeria, and any benefits accruing there from by virtue of the certificate shall not be enforced by any court of law in Nigeria.
2.–(1) Marriage entered between persons of same Gender shall not be solemnized in any place of worship either Church or Mosque in Nigeria.
(2) No marriage certificate issued to parties of same sex marriage in Nigeria.
3. Only marriage contracted between a man and a woman either under Islamic Law, Customary Law and Marriage Act is recognized as valid in Nigeria.
4.–(1) Persons that entered into a same gender marriage contract commit an offence and are jointly liable on conviction to a term of 3 years imprisonment each.
(2) Any persons or group of persons that witnesses, abet and aids the solemnization of a same gender marriage contract commits an offence and liable on conviction to –

(a) if an individual to a term of 5 years imprisonment or a group of persons to a fine of ₦2,000 or both,

(b) if a group of persons to a fine of ₦50,000 only.

5. The High Court of a State shall have jurisdiction to entertain matter arising from the breach of the provisions of this Bill.
6. In this Bill, unless the context otherwise requires–
“Marriage” here relates to a legal union entered between persons of opposite sex in accordance with the Marriage Act, Islamic and Customary Laws.
“High Court” to include High Court of the Federal Capital Territory, Abuja.
“Same Gender Marriage” means the coming together of persons of the same sex with the purpose of leaving together as husband and wife or for other purposes of same sexual relationship.
7. This Bill may be cited as Same Gender Marriage (Prohibition) Bill, 2011.

Explanatory Note:

This Bill seeks to prohibit marriage between persons of same gender, and witnessing same, and provided appropriate solemnization of the marriage penalties thereof.