Have any enquiry? send a message!

+234 814 776 7193

publictions.lawrit@gmail.com

Edit Template

A Constitutional Review of the Illegitimacy of Nigeria’s Same-Sex Marriage (Prohibition) Act

A Constitutional Review of the Illegitimacy of Nigeria’s Same-Sex Marriage (Prohibition) Act

Consensual sexual activity between adults of the same sex is criminalised in Nigeria. This stems from prevailing socio-cultural and religious beliefs that portray same-sex sexual relationships as unnatural, un- African, and morally reprehensible. Religious people would go further to regard it as demonic. It is on this basis that the Same Sex Marriage (Prohibition) Act (SSMPA) 2013, which criminalises various forms of same- sex unions and public display of same-sex amorous relationships, was enacted by the Nigerian government. This legislation was birthed notwithstanding that the Constitution of the Federal Republic of Nigeria, 1999 (as amended) guarantees the fundamental rights of all citizens, irrespective of one’s sexual orientation. These rights include the right to life, freedom from discrimination, right to personal liberty, right to freedom of assembly and association, right to fair hearing, and right to privacy. The study adopts a doctrinal research methodology to analyse the constitutionality of the SSMPA with regards to its alignment or otherwise with the fundamental rights enshrined in Chapter IV of the 1999 Constitution (as amended), particularly the right to privacy, right to freedom of assembly and association, and right to freedom from discrimination. The study contributes to the scholarly debate on LGBTQ+ rights and argues for the protection of the fundamental rights of every individual, regardless of gender identity and sexual oreintation.

Leave a Reply

Your email address will not be published. Required fields are marked *

Popular Posts

  • All Posts
  • Volume I
  • Volume II Issue I
  • Volume II Issue II
  • Volume III Issue I
  • Volume III issue II
  • Volume IV Issue I
  • Volume IV issue II
  • Volume V Issue I
  • Volume V Issue II

All Publications

Latest Publication!

Volume 5 issue I (2025) Now Published!

Blog Tag

    An online, peer-reviewed, open-access journal proving students of law with a platform to express their views on diverse legal issues.

    Our Subsidiaries

    Lawrit Ink Cell

    Contact

    +234 814 776 7193

    Publications.lawrit@gmail.com

    Updates, Events, and publications

    You have been successfully Subscribed! Ops! Something went wrong, please try again.

    © 2025 Developed by FemJoe