LEGAL BARRIER

This research examines the legal, cultural, and human rights dimensions of the prohibition of same-sex relationships in Nigeria. The study is situated within the context of a profound national and international debate, sparked by the enactment of the Same-Sex Marriage (Prohibition) Act (SSMPA. The primary aim of this work is to conduct a multi-faceted examination of Nigeria’s stance on same-sex relationships. To achieve this, the study pursues several key objectives: to meticulously analyze the legal architecture of prohibition, encompassing the SSMPA, the Criminal Code, and the Penal Code; to interrogate the foundational role of deep-seated cultural and religious norms in shaping public opinion and legal enforcement; to crit cally investigate the consequent human rights implications for sexual minorities; to place the Nigerian system in a global context through a comparative analysis with jurisdictions including South Africa, Uganda, Kenya, the United States, the Netherlands, and Qatar; and finally, to propose legal and policy recommendations aimed at addressing identified gaps and contradictions within the existing framework. The theoretical framework is built on Natural Law theory, Cultural Relativism and Human Rights Universalism. This framework is not an isolated legal phenomenon but is deeply entrenched in and reinforced by a societal consensus rooted in conservative interpretations of Christianity and Islam, as well as traditional African values that prioritize procreation and defined gender roles. This domestic conflict is mirrored at the international level, where the laws contravene Nigeria’s commitments under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR)