ANALYSIS OF THE PROHIBITION OF SAME SEX MARRIAGE UNDER NIGERIAN LAW

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ABSTRACT

Marriage as an institution has been for ages the image of unity despite differences in culture, religion and civilization, and to some extent, has reflected the belief that neither man nor woman is perfect or complete without the other. This institution of marriage is today under serious attack from many quarters such that any keen observer can discern in the secular mentality of the contemporary world, an effort to undermine its natural and religious meaning. The meaning of Marriage is today being distorted to include same sex relationships. In view of this, a law has been passed in Nigeria to protect marriage as a union of a man and a woman; thus banning, prohibiting and criminalizing all forms of same sex marriages in Nigeria. This research examines the meaning of the concept ‗Marriage‘ distinguishing it from other types of marriages ‗in quote‘ including ‗same sex marriage‘ trying to analyze the implication of redefining Marriage as a union of two Persons; analyzing the essential elements / ingredients of these marriages as well as the likely implications if accepted as marriages in Nigeria. In the course of making these analyses, the researcher took cognizance of the challenges likely to impeach the enforcement of the same sex marriage prohibition Act considering the position of the human right activists as well as other human right laws applicable to Nigeria. The researcher thus discovered that there are some lacunas in the Act as it failed to spell out in clear terms the necessary ingredients of what constitutes the offence of same sex, thereby creating opportunity for possible abuse of people‘s rights. Thus the researcher recommends that the Act be amended to fill up the loopholes and that the ban against same sex marriage in Nigeria be more strengthened by reflecting the definition of marriage as a union between a man and a woman in the constitution by amending item 61 of part 1 of the second schedule to the Constitution.

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