The Absolute Prohibition of Same-Sex Marriage in Nigeria

The legal, political, and social environment in Nigeria is not favourable for raising arguments for the recognition of same-sex marriage due to the criminalisation of same-sex sexual acts, the prohibition of same-sex marriage under the Same-Sex Marriage (Prohibition) Act 2013 (‘SSMPA’), and a refusal by the government to recognise same-sex relationships for any purpose. Whereas South Africa has achieved marriage equality, Botswana has decriminalised same-sex acts, and Kenya has made progressive steps towards recognising the right to freedom of association for LGBT groups, in Nigeria steps have been taken to repress all efforts at advancing any sexual minority rights, particularly the recognition of same-sex relationships. This chapter explores the historical background and motivations leading to the development of the SSMPA and considers the main features of the legislation. It examines the constitutional implications of the legislation, the circumstances under which it may be repealed, and the challenges this entails. Finally, it explores the role played by activist groups before the introduction of the SSMPA.