A LEGAL ANALYSIS OF HOMOSEXUALITY AND SAME SEX MARRIAGE: THE NIGERIA POSITION

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ABSTRACT

This research examines homosexuality and same sex marriage in Nigeria. Same sex marriage legislation is still an ongoing debate across the world. It observes that many nations have legalized it, few nations are reluctant to welcome this with open arms, others are spectators, but Nigeria goes totally opposite. This project reviews the opinions of other jurisdictions and justifies position of Nigeria on this matter within the scope of this work. This research gives various definitions of Marriage and attempts a Comparative analysis of same sex marriage laws of different jurisdictions. In reviewing the Same Sex Marriage (Prohibition) Act, this research justifies that amidst the argument of foreign authors and gay rights activists, the Same Sex Marriage (Prohibition) Act is constitutional as it does not in any way deprive citizens of their fundamental rights. This work relies mainly on the doctrinal method of research.  It recommends a legislative reform of the same sex marriage (prohibition) Act to sustain this position of nonconformity and zero tolerance of Homosexuality. This research concludes that the efforts of the same sex marriage (prohibition) Act is geared towards sustaining our traditional sexual orientation of male and female gender and subsequently marriage  in that order. This should continue to be the position in a country like Nigeria which has deep roots in its cultural and religious beliefs.

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