Home VOL. 5 (2019) Protecting Religion and Culture in Nigeria: Probing Same Sex Relationships and Marriages...

Protecting Religion and Culture in Nigeria: Probing Same Sex Relationships and Marriages under the Criminal Justice Administration

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Abstract

In contrast to the conventional definition of marriage as a voluntary union for life of one man and one woman to the exclusion of all others, same sex marriage is a marriage between two persons of the same gender identity. Same sex marriage is a practice which is now trending across the world as the number of states that support it increases daily. Despite this emerging global change in the composition of what a marriage could practically be, Nigeria appears to be counted outside this growing world community as its National Assembly has passed a law prohibiting same sex marriages in any form. The main objective of this research is to examine the state of same sex marriage in Nigeria by analysing the influence of both religion and culture on the enactment of Same Sex Marriage (Prohibition) Act. The work also presents instances whereby the legality of the Same Sex Marriage (Prohibition) Act could be inconsistent with the fundamental rights as guaranteed by the Constitution of the Federal Republic of Nigeria and other international treaties. The article concludes that in as much as homosexuality is not only impermissible but also illegal in Nigeria due to the influence of religion and culture, it does appear that it is not likely that there will be an amendment on the Same Sex Marriage (Prohibition) Act by the Legislators towards legalizing same sex unions in the farthest future.

Authors: Adekunbi Imosemi