The Travails of Same-Sex Marriage Relation under Nigerian Law

Abstract

In contrast to the traditional 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 marriage between two persons of the same gender identify. Same sex marriage is a trend which is now spreading across the globe as the number of countries that support it continues to increase by the day. But Nigeria appears to be counted outside this growing world community as the Nigerian national assembly recently passed a law prohibiting same sex marriages in any form. This paper examines the statutes of same sex marriage relation in Nigeria by analyzing provisions of various laws including the Nigerian Constitution. The paper also discusses the contents of the new law passed by the National Assembly prohibiting same sex marriage and compares it with the practice in other jurisdictions. The paper concludes with the view that the law as it is, is inconsistent with the fundamental rights guaranteed by the Constitution, and that Nigeria could borrow a leaf from countries that have legalized same-sex marriage.

Keywords: Travails, Same Sex, Marriage, Relation, Nigerian Law,