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ABSTRACT
The approach towards same sex marriage legislation in Nigeria is outright prohibition, with laws put in place to criminalize the act and stipulate appropriate punishment. This position is heavily influenced by the cultural and religious background of the country. However, with the current reception accorded to the right to same sex marriage in the global community and the relevant human rights guaranteed and protected under law in both the international community and domestic legislations, the approach towards same sex marriage legislations in Nigeria have been questioned as to their validity. There is a raging call for the change in approach towards a more non-discriminatory stance and one that is respectful of the human rights of these classes of persons who are still Nigerian citizens. Nevertheless, there still remain opposition as to these calls for a new approach, grounded in the principle of shared morality. Thus, this study, using the doctrinal approach, attempts to examine the legislation adopted by Nigeria in relation to same sex marriage rights and determine the veracity of the call for a new approach towards these rights in the country. The study concludes that, the current position on same sex marriage rights in Nigeria is somewhat discriminatory and offensive to human rights guaranteed and protected under domestic and international laws, and a proper approach that creates a balance between protecting shared morality and respecting the human rights of these classes of persons should be looked at.
