THE CRIMINALIZATION OF SAME SEX MARRIAGE IN NIGERIA; THREAT TO HUMAN RIGHTS NORMS?

ABSTRACT

This essay examines the legal implications of the Same Sex Marriage (Prohibition) Act 2014 within the context of human rights laws. The Same Sex Marriage Prohibition Act was enacted in 2014 to criminalise same sex marital relationship in Nigeria. Since its enactment it has generated mixed reactions from within and outside the country. Those who are opposed to the legislations seem to base their arguments on human rights provisions contained in the international human rights treaties and the Constitution of the Federal Republic of Nigeria 1999 (as amended), such as right to freedom from discrimination, right to freedom of assembly and association, right to dignity of human person, right to private and family life, and right to freedom of thought, conscience and religion.

Prior to the enactment of the Same Sex Marriage (Prohibition) Act 2014 existing criminal legislations in Nigerian legal system criminalise such conduct against immoral practices and indecent behaviour. Besides, some religion such as Christian religion and Islam also consider such conduct not only as grossly immoral but also as sin. The various customary laws throughout the country; equally consider such sexual relationship as a taboo. However, the Nigerian State is signatory to several international human rights conventions or treaties some of which has been ratified and domesticated. The substantive content and scope of these conventions appears to conflict with some of the provisions of the Same Sex Marriage (Prohibition) Act 2014. This essay further examines the extent to which the foregoing legislation is inconsistent with both the fundamental human rights provisions in the 1999 Nigerian Constitution which protect the rights of Citizens of the country (including those who are also classified as gay or lesbians). Additionally, the issues of derogation or exceptions provisions in the human rights provisions enshrined in the Constitution and International human rights treaties are also evaluated and the conclusion reached informs the justification or objections to the mixed opinion expressed against the above legislation.