Same Sex Marriage (Prohibition) Act, 2013
Extraordinary
Federal Republic of Nigeria
Official Gazette
Government Notice No. 3
The following is published as Supplement to this Gazette:
| 21 | Same Sex Marriage (Prohibition) Act, 2013 ............................................................................................................................................................................................................................................................................................................ |
B1-5 |
SAME SEX MARRIAGE (PROHIBITION) ACT, 2013
Arrangement of Sections
| Section: | |
| 1. | Prohibition of Marriage or Civil Union by persons of same sex. |
| 2. | Solemnization of Same Sex Marriage in places of worship. |
| 3. | Recognized Marriage in Nigeria. |
| 4. | Registration of Homosexual Clubs and Societies. |
| 5. | Offences and Penalties. |
| 6. | Jurisdiction. |
| 7. | Interpretation. |
| 8. | Citation. |
SAME SEX MARRIAGE (PROHIBITION) ACT, 2013
An Act to Prohibit a Marriage Contract or Civil Union entered into between Persons of Same Sex, Solemnization of Same; and for Related Matters
[7th Day of January, 2014]
Enacted by the National Assembly of the Federal Republic of Nigeria—
Prohibition of marriage or civil union by persons of same sex. 1.—(1) A marriage contract or civil union entered into between persons of same sex:
- (a) is prohibited in Nigeria; and
- (b) shall not be recognised as entitled to the benefits of a valid marriage.
(2) A marriage contract or civil union entered into between persons of same sex by virtue of a certificate issued by a foreign country is void in Nigeria, and any benefit accruing there-from by virtue of the certificate shall not be enforced by any court of law.
Solemnization of same sex marriage in places of worship. 2.—(1) A marriage contract or civil union entered into between persons of same sex shall not be solemnized in a church, mosque or any other place of worship in Nigeria.
(2) No certificate issued to persons of same sex in a marriage or civil union shall be valid in Nigeria.
Recognized marriage in Nigeria. 3. Only a marriage contracted between a man and a woman shall be recognized as valid in Nigeria.
Registration of homosexual clubs and societies. 4.—(1) The Registration of gay clubs, societies and organisations, their sustenance, processions and meetings is prohibited.
(2) The public show of same sex amorous relationship directly or indirectly is prohibited.
Offences and Penalties. 5.—(1) A person who enters into a 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 organisation, or directly or indirectly makes public show of same sex amorous relationship in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.
(3) A person or group of persons who administers, witnesses, abets or aids the solemnization of a same sex marriage or civil union, or supports the registration, operation and sustenance of gay clubs, societies, organisations, processions or meetings in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.
Jurisdiction. 6. The High Court of a Stat or of the Federal Capital Territory shall have jurisdiction to entertain matters arising from the breach of the provisions of this Act.
Interpretation. 7. In this Act—
“marriage” means a legal union entered into between persons of opposite sex in accordance with the Marriage Act, Islamic Law or Customary Law;
“Court” means High Court of a State or of the Federal Capital Territory;
“same sex marriage” means the coming together of persons of the same sex with the purpose of living together as husband and wife or for other purposes of same sexual relationship;
“witness” means a person who signs or witnesses the solemnisation of the marriage; and
“civil union” means any arrangement between persons of the same sex to live together as sex partners, and includes such descriptions as:
- (a) adult independent relationships;
- (b) caring partnerships;
- (c) civil partnerships;
- (d) civil solidarity pacts;
- (e) domestic partnerships;
- (f) reciprocal beneficiary relationships;
- (g) registered partnerships;
- (h) significant relationships; and
- (i) stable unions.
Citation. 8. This Act may be cited as the Same Sex Marriage (Prohibition) Act, 2013.
I certify, in accordance with section 2 (1) of the Acts Authentication Act, Cap. A2, Laws of the Federation of Nigeria 2004, that this is a true copy of the Bill passed by both Houses of the National Assembly.
Salisu Abubakar Maikasuwa, oon, mni
Clerk to the National Assembly
30th Day of December, 2013
Explanatory Memorandum
This Act prohibits a marriage contract or civil union entered into between persons of same sex, and provides penalties for the solemnisation and witnessing of same thereof.
SCHEDULE TO THE SAME SEX MARRIAGE (PROHIBITION) BILL, 2013
| (1) Short Title of the Bill |
(2) Long Title of the Bill |
(3) Summary of the Contents of the Bill |
(4) Date Passed by the Senate |
(5) Date Passed by the House of Representatives |
|---|---|---|---|---|
| Same Sex Marriage (Prohibition) Bill, 2013. | An Act to prohibit a marriage contract or civil union entered into between persons of same sex, solemnization of same; and for related matters. | This Bill prohibits marriage contract or civil union entered into between persons of same sex, and provides penalties for the solemnisation and witnessing of same. | 17th December, 2013. | 17th December, 2013. |
I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be true and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap. A2, Laws of the Federation of Nigeria, 2004.
I Assent
Salisu Abubakar Maikasuwa, oon, mni
Clerk to the National Assembly
30th Day of December, 2013
Dr. Goodluck Ebele Jonathan, GCFR
President of the Federal Republic of Nigeria
7th Day of January, 2014
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."
These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.
Public domainPublic domainfalsefalse