On Tuesday 9^th July 2024 plenary, a motion presented by the Deputy Minority Leader Aliyu Madaki, and 88 others in the House of Representatives calling attention to some allegedly offensive clauses contained in the agreement between the Samoan and Nigerian government was adopted. The Samoa agreements refers to a series of agreements signed between the Government of Nigeria and the Samoan government.

According to Madaki, in his lead debate, the agreement purportedly promotes LGBTQ rights, which are against extant laws in the country. He argued that some clauses contained in the Samoa agreement that was signed by the federal government of Nigeria may be inimical to the interest of Nigeria as a country. However, the federal government of Nigeria refuted these claims, asserting that it signed the agreement solely for economic development purposes, adding there is no mention of LGBTQ+same-sex marriage within the agreement.

WHAT IS THE MEANING OF LGBTQ?

The acronym LGBTQ stands for Lesbian, Gay, Bisexual, Transgender, and Queer (or Questioning). It is used to represent a diverse community of individuals who have non-heterosexual or non-transgender identities. Each letter in the acronym represents a different sexual orientation or gender identity. Lesbian refers to women who are attracted to other women, gay refers to men who are attracted to other men, bisexual refers to individuals who are attracted to both men and women, transgender refers to individuals whose gender identity does not align with the sex they were assigned at birth, and queer or questioning can be used to encompass a wide range of identities that do not fit within traditional heterosexual or cisgender norms. It is important to note that the LGBTQ acronym is not exhaustive and there are other identities and orientations that are not explicitly represented in this acronym.  Nigeria has a complex social and legal landscape when it comes to LGBTQ rights. Same -sex sexual activities are criminalised under Nigerian law, and there is widespread societal discrimination and stigmatization against LGBTQ individuals.

NIGERIAN LAWS AND REGULATIONS ON LGBTQ

Nigeria has laws and regulations that significantly impact the LGBTQ community. Same-sex sexual activity is criminalized under Nigerian law. The Same-Sex Marriage Prohibition Act, enacted in 2014, prohibits same-sex marriages and civil unions.  Section 214 of the Nigerian Criminal Code Act criminalizes “unnatural offenses,” which includes, public displays of affection between same-sex couples and imposes penalties for supporting or advocating for LGBTQ rights. The law carries severe punishments, including up to 14 years in prison for same-sex sexual activity and up to 10 years in prison for individuals or organizations supporting LGBTQ rights.

These laws and regulations contribute to a hostile environment for LGBTQ individuals in Nigeria. They are used as tools to justify discrimination and harassment, and they perpetuate societal stigmatization and marginalization of LGBTQ individuals.   These laws and regulations have led to widespread discrimination, harassment, and violence against LGBTQ individuals in Nigeria. The LGBTQ community faces social stigma, prejudice, and discrimination in various aspects of life, including employment, housing, healthcare, and education. LGBTQ individuals often face threats to their safety and well-being, and many are forced to conceal their sexual orientation or gender identity to avoid persecution.

It’s important to note that the situation and attitudes towards LGBTQ rights can vary within Nigerian society, and there are individuals and organizations working to advocate for greater acceptance and equality for the LGBTQ community. However, the legal environment remains challenging for LGBTQ individuals in Nigeria.

THE IMPACT OF LGBTQ ON THE YOUNG PEOPLE

n Nigeria, where there are strong social and legal stigmas against LGBTQ individuals, young people who identify as LGBTQ may face several negative impacts:

1. Social ostracism and discrimination: LGBTQ youth may experience rejection from their families, friends, and communities due to deep-rooted societal beliefs and cultural norms. This can lead to feelings of isolation, depression, and low self-esteem.

2. Mental health challenges: The fear of being discovered, constant secrecy, and discrimination can take a toll on the mental well-being of LGBTQ youth. They may be at a higher risk of experiencing anxiety, depression, self-harm, and suicidal thoughts.

3. Bullying and harassment: LGBTQ youth can be targets of bullying, harassment, and violence in schools, neighbourhoods, and other social settings. This can have severe consequences on their emotional and physical well-being, leading to decreased academic performance and increased dropout rates.

4. Limited access to support and resources: Due to the criminalization of same-sex sexual activity and the lack of legal protections for LGBTQ individuals, young people may struggle to find supportive resources, such as mental health services, support groups, or safe spaces. This lack of support can exacerbate feelings of isolation and vulnerability.

5. Denial of basic rights and opportunities: LGBTQ young people in Nigeria may face discrimination in accessing healthcare, education, employment, and housing due to their sexual orientation or gender identity. This denial of opportunities can have long-lasting effects on their personal and professional development.

It is essential to note that these negative impacts are not inherent to being LGBTQ but are a result of societal attitudes, discrimination, and lack of legal protections. Creating a more inclusive and accepting society that recognizes the rights and well-being of LGBTQ young people is crucial in mitigating these negative impacts and ensuring their overall health and happiness.

 LGBTQ AS A PRIVATE SPHERE ACT?

MATTERS ARISING

LGBTQ acts, specifically acts related to same-sex relationships and gender identity, can be considered part of the private sphere. The private sphere refers to activities and relationships that occur within the realm of personal life, away from direct state or societal control. It encompasses matters that are personal, intimate, and related to individual choices and preferences.  same-sex marriage can generally be classified as an act within the private sphere. The private sphere refers to activities, relationships, and decisions that occur within the realm of personal life and are not directly controlled or regulated by the state or society. Marriage, regardless of the gender of the individuals involved, is often considered a private matter because it involves the personal commitment, love, and legal recognition between two consenting adults. It typically takes place within the private realm of individuals’ lives, such as their homes or privately-owned venues, and involves personal choices and preferences.

However, it is important to note that the classification of same-sex marriage as a private act may vary depending on the legal and cultural context of a particular country or jurisdiction. In some regions, same-sex marriage may still face legal restrictions or social stigmatization, which can impact the extent to which it is considered a private matter. When it comes to utilitarian principles, the application can vary depending on the specific context and the potential consequences of LGBTQ acts.  Utilitarianism aims to maximize overall happiness and minimize overall suffering, so determining the moral implications of LGBTQ acts would involve considering their impact on the well-being of individuals and society as a whole.

From a utilitarian perspective, LGBTQ acts that involve consensual, adult relationships can be seen as actions that promote happiness and well-being. By allowing individuals to express their authentic selves, pursue loving relationships, and experience fulfillment, LGBTQ acts contribute to the overall happiness of those involved. Utilitarianism is an ethical theory that focuses on maximizing overall happiness and minimizing overall suffering. In general, acts that align with utilitarian principles are those that result in the greatest overall happiness or well-being for the greatest number of people.

However, it is important to acknowledge that in some societies or cultural contexts, LGBTQ acts may face legal restrictions or social stigmatization, which can lead to negative consequences such as discrimination, marginalization, and harm to individuals within the LGBTQ community. In such cases, the utilitarian analysis would involve considering the balance of overall happiness and suffering caused by societal attitudes and laws towards LGBTQ individuals.

Promoting acceptance, equality, and respect for LGBTQ individuals can align with utilitarian principles by reducing suffering, increasing happiness, and fostering a more inclusive and harmonious society. This can include advocating for legal reforms, challenging discriminatory practices, and supporting social acceptance of diverse sexual orientations and gender identities.

Overall, the relationship between LGBTQ acts, the private sphere, and utilitarian principles is complex and multifaceted, and the moral evaluation of these acts requires careful consideration of the specific circumstances and potential consequences involved.

THE POSITION OF THE (BIBLE) … GENESIS CHAPTERS 18 AND 19

SODOM AND GOMORRAH

Sodom and Gomorrah are cities mentioned in religious texts, primarily in the Bible. According to the biblical account, Sodom and Gomorrah were cities located in the region known as the Jordan River Valley, which is believed to have been near the Dead Sea.

The story of Sodom and Gomorrah is often associated with themes of wickedness, sin, and divine punishment. It is recounted in the Book of Genesis, primarily in chapters 18 and 19. According to the narrative, the cities of Sodom and Gomorrah were characterized by their extreme immorality and wickedness.

The story tells of God’s decision to destroy the cities due to the extent of their sinful behaviourur. Two angels visited Sodom, and Lot, a righteous man living there, offered them hospitality. However, the men of the city surrounded Lot’s house and demanded that the angels be brought out to them so that they could engage in sexual acts with them. This illustrates the depravity and moral corruption associated with the cities.

In response to the wickedness, God decided to destroy Sodom and Gomorrah. He sent angels to rescue Lot and his family before unleashing destruction upon the cities. Sodom and Gomorrah were subsequently consumed by fire and brimstone, resulting in their complete annihilation.

The topic of LGBTQ individuals and relationships is a matter of interpretation and debate within biblical scholarship. The Bible does not explicitly mention the terms “lesbian,” “gay,” “bisexual,” “transgender,” or “queer.” However, there are several passages in the Bible that are often referenced in discussions about LGBTQ topics. It’s important to note that interpretations of these passages vary among different religious traditions and individuals.

Some passages that are often discussed in relation to LGBTQ topics include:

1. Leviticus 18:22 and Leviticus 20:13: These verses in the Old Testament state that “a man shall not lie with another man as with a woman; it is an abomination.” These verses are often cited as evidence of biblical condemnation of same-sex sexual activity.

2. Romans 1:26-27: This New Testament passage mentions same-sex sexual activity, describing it as unnatural and sinful.

3. 1 Corinthians 6:9-10 and 1 Timothy 1:10: These verses list various behavioururs, including “homosexuality,” as sinful or contrary to God’s law.

It is important to recognize that interpretations of these passages can vary. Some argue that these verses, when considering historical and cultural context, may not necessarily condemn all same-sex relationships or the LGBTQ community as a whole. Others interpret these verses as a clear condemnation of all same-sex sexual activity.   Additionally, there are other biblical passages that emphasize love, acceptance, and the inclusion of all individuals, which some use to advocate for LGBTQ inclusion and affirmation. These passages include the teachings of Jesus about love, compassion, and the greatest commandments.

CONTROVERSY ON THE SAMAON LOAN AGREEMENT VIS-A-VIS LGBTQ

All the countries listed below, and who have loaned money to the Federal Government of Nigeria have decriminalised LGBTQ in their various countries.

Nigeria, being a country with significant economic and development needs, has received financial aids and loans from various countries and international institutions. Some of the countries that have provided aids and loans to Nigeria include:

1. China: China has been a major lender to Nigeria, providing loans for infrastructure projects, energy, and other development initiatives.

2. United States: The United States has supported Nigeria through various aid programs, including humanitarian assistance, health initiatives, and development projects.

3. United Kingdom: The UK has been a significant donor to Nigeria, providing both financial aid and technical assistance in areas such as governance, education, and healthcare.

4. Japan: Japan has provided financial assistance to Nigeria through grants, loans, and technical cooperation for various infrastructure projects and development programs.

5. Germany: Germany has supported Nigeria through development cooperation programs, including financial aid for education, healthcare, and renewable energy projects.

6. France: France has provided aid and loans to Nigeria, particularly in the areas of infrastructure development, education, and capacity building.

7. India: India has extended lines of credit and concessional loans to Nigeria for various projects, including agriculture, power, and healthcare.

8. South Korea: South Korea has provided development assistance to Nigeria, including loans and grants for infrastructure projects, capacity building, and technical cooperation.

Nigeria, being a sovereign nation, has obtained loans from various sources over the years. Some of the entities that have provided loans or financial assistance to the Nigerian government in all have a relaxed policy towards LGBTQ. These entities include;

1. International Monetary Fund (IMF)
2. World Bank
3. African Development Bank (AfDB)
4. Export-Import Bank of China
5. Exim Bank of India
6. Islamic Development Bank
7. Paris Club (Group of international creditors)
8. Eurobond investors (international capital markets)

In conclusion, it has to be noted that almost everyone is heterosexual in Nigeria, meaning that everyone is attracted to the opposite sex. Traditionally, this is applicable to almost all the tribes in Nigeria. I am bemused about the frenzy and urgent attention given to the Samoan Agreement by some public officers, when we have more serious problems in the areas of security, crippling economic woes and other issues. The number of those that feel the LGBTQ issues should be treated as a private matter has risen in recent time.  United States, United Kingdom, France, Germany, Japan, China, South Korea and India just to name a few, have decriminalized LGBTQ and have made laws that promote rule of law and fundamental rights of their citizen. We accept aids and loans from them but want to discriminate against their culture. It has to be stated that most people in Nigeria are anti- LGBTQ. In conclusion, same-sex marriage and other LGBTQ activities, when it comes to sexual orientation are regarded as an anathema all over the country.

Charles Ude, Esq

Abuja based Legal Practitioner