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A Critical Interrogation of the Same Sex Marriage Prohibition Act 2013 Against the Backdrop of the Human Rights Provisions of the Nigerian Constitution

Publication Date Jun 17, 2022

Abstract

That Nigeria ranks among the most homophobic countries globally is not in doubt. Africa's most populous nation took its ‘enviable' position in the comity of homophobic nations of the world with the passage of the Same-Sex Marriage (Prohibition) Act in the year 2013. With the passage of the SSMPA, sexual minorities in Nigeria not only find themselves in a complex situation, but also on an apparent collision course with the 1999 Constitution of the Federal Republic of Nigeria (CFRN). The complex dilemma being confronted by sexual minorities in Nigeria is therefore the choice between exercising their right to fully express themselves in line with their right to sexual orientation and becoming vulnerable to criminal prosecution in accordance with the provision of Nigeria's plethora of homophobic laws or obeying the dictates of homophobic laws. The Nigerian Constitution is regarded as the paramount law of the land, the grundorm, from which all other laws derive their legality and legitimacy.

Concepts

Same-Sex Marriage Prohibition Sexual Minorities Apparent Collision Marriage Prohibition Nigerian Constitution Collision Course Complex Situation Human Rights Republic Of Nigeria Critical Interrogation

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No potential conflict of interest was reported by the authors. The conception and design of the study, acquisition of data, analysis and interpretatio...

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