Nigeria’s National laws firmly oppose LGBTQ rights, reflecting the nation’s cultural and religious values. Since the enactment of the Same-Sex Marriage (Prohibition) Act (SSMPA) in 2014 under President Goodluck Jonathan, same-sex relationships have been criminalized, with penalties of up to 14 years imprisonment. In northern states governed by Sharia law, the punishments are even more severe, including death by stoning for acts of sodomy or lesbianism.
This legal framework has drawn widespread condemnation from international human rights organizations, which argue that such laws contradict global principles like those outlined in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Despite the criticism, Nigeria’s legal system continues to assert its sovereignty in the face of international pressure.
Barrister Gabriel Ekoja, in an interview, shed light on the intricate legal and moral dimensions of the issue.
“The SSMPA reflects Nigeria’s assertion of sovereignty, prioritizing its cultural and religious values over international advocacy for universal human rights,” he explained.
According to Ekoja, Nigeria’s Constitution under Section 12 places domestic laws above international treaties unless such treaties are domesticated through national legislation. He noted that even domesticated treaties, like the African Charter on Human and Peoples’ Rights, could face challenges if they conflict with other domestic laws, such as the SSMPA.
When asked whether Nigerians engaging in LGBTQ activities abroad could face prosecution at home, Ekoja clarified: “Generally, sovereignty restricts jurisdiction to acts committed within a state’s territorial boundaries. Unless specific laws are passed to address extraterritorial activities, such actions abroad cannot be prosecuted under Nigerian law.”
Addressing the moral implications, Ekoja offered a nuanced perspective: “I believe the state should not interfere in consensual relationships where no harm is caused. However, in societies like Nigeria, where cultural and religious values strongly oppose such activities, individuals must be aware of the risks they face.”
He also highlighted that even in more developed societies, such as parts of the United States, LGBTQ rights remain contentious in certain regions, indicating that societal acceptance is a gradual process tied to cultural evolution.
Odey Millicent, a 200-level law student, shared her thoughts on the ongoing conflict between Nigeria’s laws and international standards regarding LGBTQ rights.
Millicent acknowledged that LGBTQ individuals, like all humans, deserve basic rights and respect. However, she emphasized that she does not support LGBTQ practices due to her personal, moral, and religious beliefs.
“I believe that society’s changing views have put pressure on young people, leading some to question their orientation or experiment with same-sex relationships,” she explained.
Millicent noted that in the past, individuals with such feelings could live conventional lives, but today’s shifting norms may confuse them and influence their decisions.
Regarding Nigerian law, Millicent explained that Nigeria follows a dualist system. This means that international laws, such as those supporting LGBTQ rights, do not automatically apply unless they are formally adopted by Nigeria’s legislature. “The Same-Sex Marriage Prohibition Act is clear, and it remains the law in Nigeria. Until international treaties are passed into our law, Nigerian law will always take priority,” she stated.
On the issue of Nigerians engaging in LGBTQ activities abroad, Millicent pointed out that the Nigerian government generally does not have jurisdiction over actions committed in other countries. “While people may not be prosecuted for their actions abroad, they could face stigma or other consequences when they return home, especially if their activities are publicly known,” she added.
Millicent concluded by emphasizing the importance of respecting individuals while upholding societal values. “Although I do not support these practices, it’s crucial to treat everyone with dignity. At the same time, we need to reinforce clear moral standards in society,” she said.
Joshua Oluwasegun Oladeji, a 300-level law student, shared his views on the conflict between Nigeria’s domestic laws and international standards regarding LGBTQ rights. He emphasized the importance of sovereignty in determining a nation’s legal framework, especially when global norms contradict local values.
“While the world is evolving into a global village, this doesn’t mean states will abandon their sovereignty,” Oladeji stated. He explained that countries only domesticate international laws that align with their beliefs and ideologies, as seen in Nigeria’s rejection of laws supporting LGBTQ rights.
According to Oladeji, the Same-Sex Marriage (Prohibition) Act of 2014 takes precedence over any international treaties advocating for LGBTQ rights because such practices are alien to Nigeria’s culture and belief system.
“Our refusal to domesticate these laws stems from the fact that they are strange and completely in contravention of our ideology,” he noted.
Oladeji also clarified the legal implications for Nigerians engaging in LGBTQ practices abroad. “As long as they remain in a foreign country where such laws are permitted, they cannot be prosecuted under Nigerian law. However, they must be cautious not to engage in such activities upon returning home,” he advised.
On the effectiveness of the Same-Sex Marriage Act, Oladeji criticized its limited scope. “The law focuses solely on prohibiting same-sex marriage and does not comprehensively address other LGBTQ practices. This makes it an imbalanced and partial legislation,” he argued.
He called for more robust legislative efforts to combat what he described as a “barbaric” and “antithetical” practice to Nigeria’s culture. “With globalization and the rapid growth of the LGBTQ industry, we must tackle this issue head-on to preserve our values,” Oladeji concluded.
The University, as a microcosm of society, becomes a stage for these competing ideologies. In classrooms, hostels, and informal gatherings, conversations about rights, culture, and global influence continue to emerge.
This ongoing conflict raises important questions about how countries can respect their cultural values while also considering global human rights standards in a connected world. As both sides continue to push their views, finding a solution remains challenging, showing how difficult it is to balance local traditions with international expectations.
Reports and Photos by Bitrus David Kawal (International Law and Jurisprudence Correspondent) (1/5)
Edited by Isama Anyaole Peace
