Same Sex Marriage and the Laws of Marriage in Nigeria: a Jurisprudential Review

Abstract

Objective: This paper has therefore, examined the legality of Same Sex Prohibition Act, 2013 being applicable law against Same Sex Marriage in Nigeria Theoretical Framework: Marriage, according to court in the case of Hyde v Hyde ought to be between a man and a woman for life to the exclusion of all others either till death do them part or legal divorce but the position is no longer the same presently across the world because the marriage institute has been liberated and people of the same sex can therefore be joined together as husband and wife and the union can therefore, be referred to as Same sex Marriage or Same Sex Marriage as the case may be. Method: The study adopted a qualitative approach while using a doctrinal methodology by sampling opinion of married people in the the Osun State Community in Nigeria. Results and Discussion: The results obtained revealed [synthesize the main results of the research]. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the implications and relationships identified. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The current same sex law in Nigeria is discriminatory and does not reflect current global trends. Hence, there is a need for the law to be abolished while a more encompassing law covering different aspect of marriage be adopted. Originality/Value: This study contributes to the phenomenon of same sex marriage, advocating its repealing while promoting the need for a more encompassing law to be adopted.