A Conflict of Laws Analysis of the Nigerian Same-Sex Marriage (Prohibition) Act (2013)

Abstract This paper discusses the need for public policy limitation on two issues that the Nigerian Same-Sex Marriage (Prohibition) Act (SSMPA) regulates. First, the paper argues that the blanket non-recognition of the benefit(s) of same-sex marriage may breach Nigeria’s conflict of laws norms in certain transnational contexts. Second, it finds the prohibition of registration of gay clubs and organizations under the SSMPA a violation of the right to freedom of expression and association which both the Nigerian Constitution and the African Charter on Human and Peoples’ Rights guarantee. The paper therefore recommends an approach that Nigerian courts might adopt in determining whether the conferral of a specific benefit of same-sex marriage conflicts with Nigerian public policy in light of recent jurisprudence.