Culture, morality and the law

Abstract

Nigeria’s Same Sex Marriage (Prohibition) Act was signed into law in January 2014, leading to a hailstorm of reactions. This article examines the role that culture and morality play in shaping Nigerian society and law, focusing on the enduring victimization of the sexual minority. It examines the background to Nigeria’s anti-gay law, noting the strong support of the Nigerian people for this law and the condemnation this action has received from human rights groups and the international community. The article discusses Nigeria’s contravention of international human rights obligations as a result of its stance on same-sex relationships, noting the existence in the country, prior to this law, of previous laws criminalizing same-sex relationships. The article discusses the causative effects of this law on Nigeria’s gay community and draws examples from other African countries to show that Nigeria is not alone in its homophobic stance. The protection of gay rights in South Africa as an exception is also discussed. The article postulates reasons why the Same Sex Marriage (Prohibition) Act should be repealed or why, at least, a compromise should be reached. It then concludes with suggestions on ways to uphold the rights of the sexual minority in Nigeria.