AN EXAMINATION OF THE RELIGION, CULTURAL AND JURISPRUDENTIAL ASPECT OF SAME SEX MARRIAGE IN NIGERIA

ABSTRACT The Examination of the religion, cultural and jurisprudential aspect of Same Sex Marriage in Nigeria has become a subject of great importance due to its effectiveness in understanding how the religions in Nigeria view the practice of the same sex marriage as well as the negative social implications it has in Nigeria. In Nigeria, various endeavors have been undertaken by the government in guaranteeing the prohibition of Same Sex Marriage or any form of Same Sex relationships in the country through the incorporation of Constitutional provisions and systemic structures. However, despite the successful legislations and institutions set in place to prohibit the practice of Same sex relationships or Marriage in the country, there are still several challenges of Implementing the law that prohibits same sex Marriage in Nigeria.This study examined the complex interplay of religion, culture, and law in shaping Nigeria's stance on same-sex marriage and the challenges facing the implementation. It also examines the historical evolution of marriage in Nigeria, including its various forms and cultural significance, the study provides a contextual framework for understanding the legal prohibitions against same-sex unions, This study also delves into the specific legislation criminalizing same-sex marriage, analyzing the jurisprudential underpinnings of these laws, it examined extensively on the Same Sex Marriage Prohibition Act, 2013 as the law which prohibits the practice. This study employed doctrinal research methodology while it relied on primary sources (like constitutions, case laws, statutes and regulations) and secondary sources (like text Articles, journals, Law Reviews, Legal textbooks, Wikipedia, Legal encyclopedia, Legal Dictionary, and other relevant internet materials). The study uncovered among other things, the reasons for the enactment Same Sex Marriage (prohibition) Act and the legislative process that led to the enactment of the Same Sex Marriage (Prohibition) Act. This study then concluded that there is need for the Law that prohibits the same sex marriage because it aligns with the nation's cultural, religious, and social values. Furthermore, this study proffered recommendations based on the different factors that upholds the Same Sex Marriage Act in order to tackle these challenges.