MISALIGNMENT OF THE NIGERIAN SAME-SEX MARRIAGE (PROHIBITION) ACT WITH INTERNATIONAL HUMAN RIGHTS STANDARDS

Abstract

This article critically assesses the Nigerian Same-Sex Marriage (Prohibition) Act's (SSMPA) alignment with international human rights standards. Enacted in 2014, the Act criminalizes samesex unions, raising concerns about its compatibility with equality, non-discrimination, and individual freedom upheld by global human rights instruments. The study comprehensively analyses the Act within the context of international treaties, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and regional instruments like the African Charter on Human and Peoples' Rights. Employing the doctrinal method, the study examines legal documents, judicial decisions, academic papers, and global human rights publications. The analysis focuses on two aspects: the legal provisions' implications for LGBTQ+ rights and a comparative evaluation of these provisions vis-à-vis international human rights standards. Findings reveal misalignments between the Nigerian SSMPA and established global norms, potentially perpetuating stigma, discrimination, and violence against LGBTQ+ individuals. This misalignment raises concerns about Nigeria's international obligations and highlights the need to revisit the Act for conformity, fostering inclusivity and respect for LGBTQ+ rights. The study underscores the importance of harmonizing national laws with international principles for societal progress. The study concludes by addressing discrepancies between the Nigerian SSMPA and international human rights standards. It contributes to LGBTQ+ rights discourse and advocates legal reform for the dignity and equality of all individuals, regardless of sexual orientation or gender identity.