-By Adeniyi Onifade
The acronym, LGBT, is no longer new in today’s Nigeria as human beings now live in a society where same-gender attracts each other, either romantically or sexually.
The acronym, which stands for Lesbian, Bisexual, Gay, Bisexual and Transgender, is one of the common practices in the country. However, it is not as conspicuous in Nigeria as other developed countries of the world where it is rife.
Although LGBT is not rampant in Nigeria, a pocket of people fall under that category. Popular among them is Idris Olaranwaju, popularly known as Bobrisky.
Others include: Stephanie Rose, Miss Sahara, Noni Salma and Mandy la Candy.
Most of the aforementioned began practicing transgender in the country before making their way abroad to widen the LGBT community in their domain, while others practiced the trend secretly without necessarily being in the public glare.
However, the question that comes to mind in any Nigerian is that law enforcement agencies allow the LGBT community to flock the streets without being apprehended or reprimanded.
This is because there is an existing law aimed at punishing any and every Nigerian who is either a transgender, gay, or bisexual. But this law is not being applied as it is expected.
A classic example in the past was that of the then erstwhile Director-General of the National Council for Arts and Culture, Otunba Olusegun Runsewe, who had a verbal fracas with controversial transgender (Bobrisky), where the latter was offended for being described as a threat to the Nigerian moral fabric.
“Bobrisky is a national disgrace. He started by selling and using bleaching creams. Now, he has grown boobs, bums and hips. If a Bobrisky is doing well with his immoral lifestyle, how do you convince Nigerian youths to do the right thing? Bobrisky has the right, but not within the Nigerian environment,” Runsewe had said angrily.
The NCAC DG, who felt disgusted by the trend, further stated that, “My job is to protect and preserve the fabric of our good culture. Bobrisky is not a role model or an icon that Nigerian youths should look up to. We should all condemn him so that he would go back to how he was created. He has a right to leave Nigeria for any country that practices and encourages transgender lifestyle. If he is caught on the streets of this country, he will be dealt with ruthlessly.”
However, to the shock of many Nigerians, Bobrisky responded by saying, “I heard someone in government talked about me a few days ago. Please tell him I’m waiting for him. It’s then he will know that I roll with his bosses in government, not someone at his level. So, he left serious issues in Nigeria to address Bobrisky. But I popular sha…”
Till date, Bobrisky has never been arrested or reprimanded. Rather, he is gaining more popularity, while many young Nigerians are now practicing what he does as he is now seen as a role model
Also, a popular Blogger, Linda Ikeji quoted lawyer and human rights activist, Festus Keyamo, as saying that Bobrisky and other transgender cannot be arrested, except they are caught in the act.
“For me, you have to be caught in the act. Yes, it may amount to corrupting public morals when you go on social media to announce you are gay, but we are talking about the law here and not sentiment. And if we are talking about the law, the person has to be caught in the act. Except the person says he is gay, and refers to a particular gay act that can be verified.
“For example, if Mr. A comes out on social media to say I am a thief, he cannot be arrested because his declaration that he is a thief cannot be linked to a particular act of stealing. Anybody can come out to say I am a kidnapper, but if you do not link that declaration to a particular incident that happened, that person cannot be arrested. So also, if a person comes out to say I am gay, and you can’t link it to a particular gay act that actually happened or that he was caught in the act, I think it is wrong for such a person to be arrested.
“You can only be arrested when you consent to the act that can be verified. He can be arrested for saying that he is gay, but it must be linked to a gay act that happened. You cannot be arrested for just saying you are gay,” Keyamo was quoted as saying.
What the law says
Although there are about 27 countries of the world that are legally permitting same-sex marriages, many African countries have prohibited marriages between same-sex couples.
In the case of Nigeria, the country’s legislators enacted the Same-Sex Marriage (Prohibition) Act in 2014. By the Act, same-sex marriage, in its entirety, is prohibited and criminalised, with a penalty of 14 years imprisonment where convicted.
While the law focuses on association of same-sex persons, there is no provision of law that takes a position on the right of an intersex person or a transsexual person who has undergone a gender reassignment surgery.
However, for instance, in states under Shari’a law, the penalty for same-sex marriage or anyone practicing LGBT is express death sentence, and it only applies to persons who have agreed to the jurisdiction of Shari’a courts as well as all Muslims.
However, states that are not under the Shari’a law have a penalty of 14 years’ imprisonment.
