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Background to the thesis
‘Man was born free, and is everywhere in chains’.1 This famous assertion of the French philosopher Jean-Jacques Rousseau does not only apply to human rights violation in general, but also specifically to the rights abuses of sexual minorities. In an age in which sexual minorities are gaining global recognition,2 a disproportionately large section of the African continent is still strongly opposed to sexual minorities even just making themselves visible.3 Nigeria is one of the countries that has moved against the human rights of sexual minorities with the passage of, and presidential assent to, the Same-Sex Marriage (Prohibition) Act (SSMPA) 2013.
The SSMPA has placed sexual minorities in Nigeria in a complex dilemma that exacerbates their predicament. Before the passage of the SSMPA, laws criminalising adult consensual same-sex conduct and other related offences (often referred to as ‘sodomy laws’) had already been in existence in Nigeria.5Borno State and Kano State in northern Nigeria enacted similar laws in 2000.6 The dilemma being confronted by sexual minorities in Nigeria is that of choosing between exercising their right to fully express themselves in line with their sexual orientation, on the one hand, and obeying the dictates of homophobic legislation, thus surrendering their human rights, on the other. There are challenges, both for the government of the Federal Republic of Nigeria and sexual minorities in Nigeria. For the government, implementing the new legislation and activating other sodomy laws would arguably infringe the rights of sexual minorities. For sexual minorities, exercising their human rights to equality, freedom of association, dignity of the human person and non-discrimination on the basis of their sexual orientation would entail breaking the law and expose them to potentially going to jail.
At the same time, Nigeria has a robust Constitution in place, arguably also protecting the rights of sexual minorities, and has also accepted as binding a number of international treaties that all arguably provide for the protection of the rights of sexual minorities. This situation poses the question whether current Nigerian law (the SSMPA and other sodomy laws) is valid or is in violation of the Nigerian Constitution and Nigeria’s international human rights obligations.
Chapter 1: Introduction to the study
1.1 Background to the thesis
1.2 Research problem
1.3 Research questions
1.4 Significance of the study
1.5 Delineation, limitation and scope of the study
1.6 Definition of terms
1.7 Methodology of approach
1.8 Literature review
1.9 Chapter analysis
Chapter 2: Sodomy laws and the status of sexual minorities under Nigerian criminal law
2.1 Introduction
2.2 An overview of Nigerian penal law and criminal justice system
2.3 Criminal justice administration in homosexual offences 2.4 The historical evolution of the crime of consensual adult homosexual conduct under Nigerian criminal law..
2.5 Classification of homosexual offences under the Criminal Code Act
2.6 Classification of homosexual offences under the Penal Code AcT
2.7 A descriptive analysis of homosexual offences and punishments under the Sharia compliant states
2.8 Homosexual offences under the Same-Sex Marriage (Prohibition) Act
2.9 Application of anti-homosexual laws in Nigeria
2.10 Conclusion
Chapter 3: The human rights implications of Nigeria’s anti-homosexuality laws
under the Constitution
3.1 IntroductioN
3.2 A scrutiny of the human rights provision of the Nigerian Constitution and the quest for rights for sexual minorities
3.3 Constitutional violation of sexual minorities rights by Nigeria’s anti-homosexuality law
3.4 The biological thesis of same-sex orientation and the right to non-discrimination under Nigerian Constitution
3.5 Conclusion
Chapter 4: The human rights implications of Nigeria’s anti-homosexuality laws under international law
4.1 Introduction
4.2 Defining the status of international law under Nigerian domestic law
4.3 The UN human rights treaty-based system and its relevance to the issue of sexual orientation in Nigeria
4.4 The UN human rights UPR system and its protection of LGBT rights in Nigeria
4.5 The jurisprudence of sexual orientation under the African Union and the African Commission on Human and Peoples’ Rights
4.6 Conclusion: Anti-homosexuality laws and the violation of Nigeria’s human rights obligation under international law
Chapter 5: A critical analysis of the arguments in favour of criminalising consensual adult homosexual conduct in Nigeria in the light of Berlin’s theory of liberty
5.1 Introduction
5.2 The public morality objection (majority morality)
5.3 Religious objection to consensual adult homosexual conduct
5.4 Cultural objection to consensual adult homosexual conduct in Nigeria
5.5 Isaiah Berlin’s theory of liberty: A theoretical framework for the acceptance of homosexual rights in Nigeria?.
5.6 Conclusion
Chapter 6: The emerging global trend on rights recognition for sexual minorities: Fertile sources of positive inspiration for the Nigerian LGBT discourse?
Chapter 7: Conclusion and recommendations: Towards a future of equality and fairness for sexual minorities in Nigeria
Bibliography
