LGBTQ+ Rights and the Same-Sex Marriage (Prohibition) Act in Nigeria: A Human Rights Critique

This research offers a human rights critique of Nigeria's Same-Sex Marriage (Prohibition) Act (SSMPA) of 2014, examining its implications for the rights to equality, privacy, freedom of association, and non-discrimination as protected under international human rights instruments. The SSMPA criminalizes same-sex relationships, public display of affection between persons of the same sex, and the registration of gay clubs or organizations, imposing penalties of up to 14 years imprisonment. The study draws on the ICCPR, the Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity, and jurisprudence from comparative African jurisdictions to assess Nigeria's compliance with its international obligations. A doctrinal analysis is complemented by secondary review of Amnesty International and Human Rights Watch field reports on documented arrests, harassment, and violence against LGBTQ+ individuals in Nigeria between 2021 and 2024. Findings confirm systematic violations of privacy rights, arbitrary arrests, and violence by both state and non-state actors, frequently occurring without legal consequence for perpetrators. The study critically evaluates government arguments grounded in public morality and cultural values, contrasting these with binding treaty obligations under the ICCPR. Recommendations include the repeal of the SSMPA, decriminalization of consensual same-sex conduct, and anti-discrimination protections for sexual and gender minorities. Keywords: LGBTQ+ rights, SSMPA, human rights, non-discrimination, Nigeria.