When Love is a Crime: Is the Criminalisation of Same Sex Relations in Nigeria a Protection of Nigerian Culture?

Even though studies suggest that people do not have a choice about their sexual orientation since it is innate in them, some African countries including Nigeria continue to criminalise same sex conduct between two consenting adults. Before the administration of President Goodluck Jonathan passed the Same Sex Marriage (Prohibition) Act 2014 into law in Nigeria, there have already been laws in the country criminalising sexual relations between persons of the same sex. It appears that the Act of 2014 was motivated to show a resolve by the Nigerian government to clearly point out to certain sections of the international community, who at that time were lobbying for the decriminalisation of same sex relations in the country, that there was no intention by the Nigerian state to cave into any such demand. This paper reexamines the prohibition of same sex relations in Nigeria with a focus on whether the laws protect the culture of the Nigerian people or the moral ideals introduced by religion.