ANALYSIS OF THE PROHIBITION OF SAME SEX MARRIAGE UNDER NIGERIAN LAW

CHAPTER ONE GENERAL INTRODUCTION

• Background to the Research

Marriage as an institution has been for centuries 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. Marriage as an institution¹ is established by God the creator in both the holy Bible and holy Quran as a union of a man and a woman. The Bible in Genesis 2:21-24 made us to understand that a woman was created from the rib of a man which explains the reason why man is so attached to his wife². A similar provision also exists in the holy Quran as we find in Qur’an 4:1: “O humankind! Be conscious of your Lord Who created you from a single soul, and out of it created its mate, and out of the two spread countless men and women. Be conscious of your Lord through Whom you demand your mutual rights and honor the wombs; God always watches over you.”³ The marriage institution seems to be the largest institution in the world because of its universal nature. It also contributes to the well being of the rest of other institutions of the country including the Government. This institution is established to ensure the fiscal and legal protection of families.

The 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 identity of the family as a natural institution based on the valid marriage of a legally qualified man and woman, for the attainment of the universally recognized noble marital ends is today being distorted. Many countries of the world today have either fully legalized same sex marriage or have conceded certain civil rights to them.⁴

Today in Nigeria, a law has been passed to protect marriage as a union of a man and a woman and a ban has been made against same-sex marriage. There has been a lot of furore especially from the outside of Nigeria since the enactment of the same sex prohibition Law. Nigeria is being severely criticized and threatened by the so-called developed nations and their agents.⁵

The anti-gay law was, no doubt, enacted in line with the country‘s religious and cultural beliefs. Laws are created to reflect the political, social and economic relationships in a society. Law is not merely the command of the sovereign; it represents the idea of right or wrong based on the prevalent morality of the people. The new law is therefore certain to please most people in Nigeria, where anti-gay sentiment is rife. However, the new anti-gay law has been described in some quarters as discriminatory and incompatible with international human rights laws to which Nigeria is a signatory.⁶

                        Statement of the Research Problem

Marriage cannot and should not be seen as a creation by government or by the judges, for it is not merely a legal construct. However, because marriage as a meaningful social institution is so intimately related to the generation and the protection of children, the government has always been seen to have a legitimate role in regulating its civil effects. But where does the role of government start or end.