A CRITIQUE OF ANTI GAY LAWS IN NIGERIA: A CASE FOR DECRIMINALIZATION

Abstract

Nigeria is essentially a homophobic nation. The prejudice against homosexuality in Nigeria is ostensibly based on culture and religion and is reflected in the countries laws and practices. With the introduction of the Same Sex Marriage Prohibition Act, same sex unions or relations of any kind is prohibited and criminalized. Even before the enactment of this Act, both the Criminal and the Penal Code Acts in force in the southern and northern part Nigeria, criminalize homosexuality and prescribe harsh punishments for the conducts stated thereto. Because of widening global human rights concerns, the international community is increasingly responding to the need for individuals to exercise the rights to their sexuality. The 21st century has seen a tremendous change in attitudes towards homosexuals and most developed countries are guaranteeing that their rights are protected. Nigeria is slow to come to terms with these developments. This work examined and critiqued anti-gay legislations in Nigeria. This work argued that the sodomy laws contained in the Penal and Criminal Codes Areca relic of British colonization. The provisions of the Same Sex Marriage Prohibition Act are in conflict with the Nigerian Constitution and International Human Rights Law and as such, should be decriminalized. The research methodology used in this work is the doctrinal methodology which involved a library reading of primary and secondary sources of law which include statutes, case law, journals, textbooks and internet sources and analyzing same. This work has found that even though there is no consensus as to a gay gene, there are some biological factors that may contribute to a person's sexual orientation and gender identity. This work argued that even though the laws that prescribe punishment for homosexual conducts are legal by reason that they were made by acts of the National Assembly, they are however unconstitutional. This work strongly recommended that anti-gay laws in Nigeria be repealed as the engender discrimination.