1.1 Introduction
The legal and jurisprudential analysis of homosexuality and same-sex marriages in Nigeria is deeply rooted in the nation's cultural, religious, and moral values. Homosexuality and same-sex unions are contentious issues globally, with many countries adopting different stances based on their unique socio-political, cultural, and religious landscapes. Nigeria, in particular, has taken a firm position in support of the prohibition of same-sex relationships and marriages. The Same-Sex Marriage (Prohibition) Act, 2014, which criminalizes homosexual relationships, has drawn both local support and international criticism. This legislative stance is reflective of the conservative nature of Nigerian society, where religion and traditional norms play significant roles in shaping laws and policies.
Nigeria's stance is influenced by the predominant religious views within the country. Christianity and Islam, the two major religions, both strongly oppose homosexuality. Religious leaders and followers often invoke the moral arguments against same-sex relationships based on religious doctrines. In many ways, these religious convictions shape the legal framework that governs Nigeria's approach to homosexuality and same-sex marriages. The legal system, being a reflection of the will of the people, aligns with these deeply ingrained beliefs in Nigeria's jurisprudence, which supports the criminalization of same-sex unions. This is further reinforced by the cultural norms and the notion that homosexuality is "un-African" or contrary to the traditional family structure cherished by many Nigerians.1
International human rights organizations have, however, criticized Nigeria's legal stance, arguing that it contravenes global human rights standards, particularly the rights to privacy, equality, and freedom from discrimination.2 This clash between domestic laws and international human rights obligations presents a significant legal dilemma. Nigerian legal scholars argue that the country's sovereignty and the right to legislate in accordance with its own cultural values must be respected, while proponents of human rights advocate for the protection of individual freedoms irrespective of local customs.3
In this context, a legal and jurisprudential analysis of homosexuality and same-sex marriages is not just an exploration of Nigerian law but also a discourse on the intersection of law, culture, religion, and human rights. The Nigerian position, grounded in cultural and religious justifications, reflects a broader societal view that views same-sex relationships as incompatible with the nation's moral fabric. However, as global perspectives on human rights evolve, this issue remains a subject of significant debate both within Nigeria and internationally.
1.2 Background of Study
The debate on homosexuality and same-sex marriages in Nigeria is framed within the larger discourse on human rights, cultural relativism, and the role of religion in shaping national laws. Historically, Nigerian society has been resistant to practices that are perceived to challenge its deeply embedded cultural and religious norms. The legalization of same-sex marriages in some Western countries and the increasing advocacy for LGBTQ+ rights globally have brought this issue to the fore in many African countries, including Nigeria. However, Nigeria's response to these global trends has been one of rejection, primarily rooted in the country's sociocultural and religious landscape.
Nigeria's legal position on same-sex marriages is significantly shaped by religious influences, with both Christianity and Islam Nigeria's dominant religions condemning homosexuality. Religious institutions have played a critical role in influencing public opinion and, consequently, legislative processes in the country. Many religious leaders view the promotion of LGBTQ+ rights as an affront to the moral values upheld by these faiths. These religious convictions were pivotal in the enactment of the Same-Sex Marriage (Prohibition) Act of 2014, which criminalizes same-sex unions and relationships in Nigeria.1 The law reflects the broad societal consensus against homosexuality, rooted in religious and traditional African values.
from a legal perspective, the prohibition of same-sex marriage aligns with the country's constitutional provisions that emphasize the protection of public morality and public health.2 The Nigerian constitution grants the government authority to enact laws that reflect the public's moral standards. Thus, the prohibition of same-sex unions is justified on the grounds that such relationships contradict the moral values held by the majority of Nigerians. Furthermore, the country's legal framework permits such legislative measures as long as they do not explicitly contravene the constitution.
International human rights bodies and LGBTQ+ advocacy groups have criticized Nigeria's approach, arguing that it violates fundamental human rights, such as the rights to equality, non-discrimination, and privacy.3 However, Nigerian legal scholars and legislators have frequently defended the country's stance, pointing to the principle of cultural relativism. They argue that human rights should be interpreted within the context of a nation's cultural and religious values, and not imposed externally. This cultural relativist approach contends that imposing Western standards of human rights on African countries undermines their sovereignty and fails to account for the cultural specificity of their societies.4
The Nigerian government's support for the prohibition of same-sex marriage, therefore, represents a complex intersection of law, culture, and religion. It is not merely a legal issue but also a reflection of the broader cultural and religious identity of Nigeria. This background provides the framework within which this legal and jurisprudential analysis is conducted, offering insight into why Nigeria has resisted international pressure to decriminalize homosexuality and recognize same-sex marriages.
1.3 Historical Review
The historical context of homosexuality and same-sex marriages in Nigeria is deeply intertwined with the country's colonial legacy, religious influence, and cultural values. Prior to colonialism, many African societies, including those in present-day Nigeria, did not have specific legal codifications targeting homosexuality. However, same-sex relationships were often perceived negatively within the broader framework of traditional African norms, which prioritized heterosexual unions for procreation and community continuity.
The arrival of British colonial rule in Nigeria introduced Western legal frameworks, including the criminalization of homosexual acts. The British Penal Code of 1916, imposed across its colonies, included laws that made "carnal knowledge against the order of nature" punishable by imprisonment. This legal stance against homosexuality was retained even after Nigeria gained independence in 1960, becoming embedded in the Nigerian Criminal Code and the Penal Code for northern Nigeria.1 The post-colonial Nigerian legal system continued to reflect these inherited statutes, reinforcing the criminalization of homosexual conduct across the nation.
In the years following independence, Nigeria's cultural and religious landscape further solidified opposition to homosexuality. Both Islam, which dominates the northern regions, and Christianity, prevalent in the south, view homosexual behavior as sinful. This religious conservatism contributed to the continued stigmatization of homosexuality and provided the foundation for legal actions against it. During the military regimes of the 1980s and 1990s, there was little public discourse on LGBTQ+ rights, and the issue remained largely invisible in public debates due to the repressive nature of the political environment at the time.
The early 2000s marked the beginning of a global push for LGBTQ+ rights, with several Western nations decriminalizing homosexuality and legalizing same-sex marriages. This period also saw increased visibility of LGBTQ+ movements within Africa. However, Nigeria responded with heightened resistance. In 2006, the first attempt to introduce anti-same-sex marriage legislation was made by President Olusegun Obasanjo's administration. The bill sought to prohibit marriages between persons of the same sex, reflecting Nigeria's commitment to maintaining its cultural and religious opposition to homosexuality.2
This legislative process culminated in the enactment of the Same-Sex Marriage (Prohibition) Act (SSMPA) in 2014 under President Goodluck Jonathan. The Act not only criminalized same-sex marriages but also imposed strict penalties on anyone who aids, abets, or witnesses such unions. It also banned the registration of LGBTQ+ organizations and public displays of same-sex relationships.3 The passage of the SSMPA was met with widespread domestic support, as it aligned with the prevailing religious and cultural sentiments. On the international front, however, it drew significant criticism from Western governments and human rights organizations, which argued that the law violated fundamental human rights, including the rights to privacy and equality. Despite these international pressures, Nigeria has remained steadfast in its opposition to homosexuality and same-sex marriages. Nigerian legal scholars and lawmakers continue to defend the SSMPA, citing the need to preserve the country's cultural and religious identity. They argue that Western notions of human rights should not be imposed on Nigeria, as they conflict with the values and norms of Nigerian society. This historical context provides a critical lens for analyzing the legal and jurisprudential arguments that underpin Nigeria's position on homosexuality and same-sex marriages.
1.4 Statement of Problems
The issue of homosexuality and same-sex marriages has generated significant debate in Nigeria, both legally and socially. The crux of the problem is the divergence between international human rights frameworks advocating for LGBTQ+ rights and Nigeria's legal and cultural stance, which strictly prohibits same-sex unions. This legal and social prohibition is rooted in deep-seated religious and cultural beliefs that reject homosexuality as morally unacceptable. The Nigerian Same-Sex Marriage (Prohibition) Act (SSMPA) of 2014 reflects this position by criminalizing not only same-sex marriages but also the mere association with LGBTQ+ communities or public expressions of such relationships.1 This legislative approach is creating tension between Nigeria's domestic laws and international obligations, particularly as some global human rights bodies argue that the SSMPA violates fundamental rights such as the right to freedom of association and expression.
The legal problem also lies in the broad interpretation of the SSMPA, which is raising concerns about the potential for abuse and violation of individual rights. By criminalizing any form of support for LGBTQ+ activities, the law is impacting organizations and individuals who advocate for human rights in general, including those not directly involved in same-sex advocacy. The ambiguity of the law's provisions is allowing for selective and possibly arbitrary enforcement, which is further complicating Nigeria's human rights reputation on the global stage.
Moreover, the conflicting views between local and international legal norms is creating challenges for Nigeria in maintaining its sovereignty while also upholding its international commitments to treaties that emphasize human rights protections. International bodies such as the United Nations have repeatedly emphasized that Nigeria's laws regarding homosexuality conflict with the International Covenant on Civil and Political Rights (ICCPR), which Nigeria ratified.2 The pressure from international organizations and foreign governments to decriminalize same-sex relationships is in direct opposition to Nigeria's legislative stance, thereby creating a legal conflict that is difficult to reconcile.
Another significant problem is the effect of this legal position on the Nigerian LGBTQ+ community. The SSMPA is contributing to the marginalization and criminalization of individuals based on their sexual orientation, leading to social exclusion and, in some cases, physical harm. Reports of increased harassment, violence, and discrimination against suspected LGBTQ+ individuals have risen since the passage of the Act, suggesting that the law is exacerbating an already hostile environment for this minority group.3 The legal and human rights issues at play are complex and require a careful balancing of cultural values, national legal frameworks, and international human rights obligations.
1.5 Aim and Objectives of Study
The aim of this study is to provide a comprehensive legal and jurisprudential analysis of homosexuality and same-sex marriages within the context of Nigerian law, focusing on supporting the existing legal framework that prohibits these practices. The study seeks to explore the cultural, legal, and religious justifications that underpin Nigeria's position, while also addressing the challenges posed by international human rights advocacy for LGBTQ+ rights.
The objectives of the study are as follows:
- To critically analyze the legal basis of the Same-Sex Marriage (Prohibition) Act (SSMPA) and its implications for Nigerian jurisprudence.
- To examine the cultural and religious influences that contribute to Nigeria's legal stance against homosexuality and same-sex marriages.
- To assess the conflict between Nigeria's domestic laws and international human rights obligations, particularly under treaties such as the International Covenant on Civil and Political Rights (ICCPR).
- To evaluate the social and legal impacts of the SSMPA on Nigeria's LGBTQ+ community, including cases of discrimination and violence.
- To provide recommendations on how Nigeria can maintain its cultural and legal integrity while engaging with global human rights frameworks.
1.6 Research Questions
The research questions for the study "A Legal and Jurisprudential Analysis of Homosexuality and Same-Sex Marriages: Supporting the Nigerian Position" are as follows:
- What are the legal and jurisprudential foundations of Nigeria's stance against homosexuality and same-sex marriages?
- How do cultural and religious factors influence Nigeria's legal position on same-sex relationships?
- What are the implications of the Same-Sex Marriage (Prohibition) Act (SSMPA) on the rights and freedoms of the LGBTQ+ community in Nigeria?
- How does Nigeria's legal framework align or conflict with international human rights obligations regarding LGBTQ+ rights?
- What are the social and legal consequences of Nigeria's stance on homosexuality, both domestically and in its international relations?
1.7 Significance of Study
The study will provide legal scholars with a comprehensive analysis of the legal foundations and implications of Nigeria's position on homosexuality and same-sex marriages. It will offer policymakers guidance on how to shape laws that reflect societal values while balancing human rights obligations.
The research study will inform human rights activists by offering insights into the legal and cultural complexities surrounding LGBTQ+ issues in Nigeria. It will help the judiciary by providing a jurisprudential framework that supports or critiques current legal interpretations of same-sex marriage laws.
Additionally, the study will serve as a resource for the general public to understand the legal reasoning behind Nigeria's stance on homosexuality and its potential impact on society.
1.8 Limitation of Study
During the course of this study, there were some problems encountered which stood as limitations to the research work. Some of the limitations include:
- There was a delay from respondents, particularly legal experts and policymakers, which further slowed down the gathering of relevant opinions and perspectives.
- Financial constraints limited the ability to access paid resources and travel for interviews.
- Lastly, time constraints were another significant limitation, which restricted the scope of the study and the ability to explore certain areas in more detail.
1.9 Definition of Terms
Homosexuality: It refers to the sexual orientation characterized by the romantic or sexual attraction to members of the same sex. This term encompasses a broad spectrum of identities, including gay and lesbian individuals, and is often contrasted with heterosexuality, which involves attraction to the opposite sex.
Same-sex Marriage: It denotes a legally recognized marriage between two individuals of the same sex. This form of marriage grants couples rights, responsibilities, and legal protections equivalent to those enjoyed by heterosexual couples, although the legal recognition of such unions varies significantly across different jurisdictions1.
Jurisprudence: It is the theory or philosophy of law. It examines the nature of laws, legal systems, and the principles underlying legal reasoning. Jurisprudential analysis involves critically assessing legal concepts and their implications within a given context, such as the legal status of same-sex marriages in Nigeria2.
Legal Analysis: It refers to the systematic examination of legal texts, statutes, case law, and legal principles. It aims to interpret and evaluate laws to understand their application and implications in real-world scenarios. in the context of this study, legal analysis will focus on the laws governing homosexuality and same-sex marriage in Nigeria3.
