THE DIALECTICS OF CONSTITUTIONALLY GUARANTEED RIGHTS AND LGBT LAWS IN NIGERIA

Abstract

This paper examines the contradiction inherent in the constitutionally guaranteed rights and freedoms; in the Nigerian Constitution, and in the African Charter ratified and domesticated as part of the legal regime in Nigeria and other international instruments as against the enactment of the Laws against same sex in Nigeria. The Nigerian Constitution and of course the African Charter have ample provisions for the rights of the citizens: Prominent among these rights is the right of non-discrimination as to circumstances of birth, sex, culture or religion. The sexual orientation of a citizen ought to be within the private life of the individual involved and against whom to associate is simply a choice. The Penal Laws in Nigeria; the Penal Code, Criminal Code and the Sharia Penal Code prohibit what is called Unnatural Offences and in some extreme situation the punishment is death penalty. The coming into effect of Same Sex Marriage Prohibition Act of 2014 does not only outlaw same sex, it criminalises same with fourteen years imprisonment. The Act goes ahead to prohibit gay clubs and organisation and places liability on witnesses to same sex marriage. The question that has arisen for determination is: Are these laws not in conflict with the unambiguous provisions in the Constitution of the Federal Republic of Nigeria? The constitution is the ground norm of every democratic society, the foundation on which every other law takes its root including religion and culture. This research discovers that the prohibition or discrimination of LGBTS is purely a cultural and religious phenomena rather than legal. This research is doctrinal and only primary sources like statutes and secondary sources will be used. It is recommended that if Nigeria and of course many African Nations must fit into the comity of nations, the equality and rights of all citizens must be guaranteed and letters of the constitution must be obeyed to the latter.