TITLE OF ARTICLE: The Anti-Gay Law in Nigeria: A Re-appraisal of the Nexus between Law and Morality
AUTHOR:
GRACE TITILAYO KOLAWOLE-AMAO, Grace Titilayo Kolawole-Amao, LL.B. (Ibadan), LL.M. (Ibadan), B.L., Lecturer, Department of Public and International Law, Faculty of Law, Bowen University (of the Nigeria Baptist Convention), Iwo, Osun State, Nigeria.
ABSTRACT:
There has been the argument that crimes which have a moral basis are condemned as wrong or bad and proscribed by society. Law, unarguably, is founded on the social ethos. The paper discusses and specifically seeks to answer whether there exists and if so, the relationship between law, crime and morality, to what extent can moral wrong be criminalized and whether the recently passed Same-Sex Marriage (Prohibition) Act in Nigeria is as some people believe an infringement of rights. By necessary implication, the work equally appraised the limit and scope, or the extent to which morality can be taken into consideration in determining the criminality of a conduct or an omission. The paper also discusses homosexuality in the medical context as well as the health implications and risk of homosexual sexual behaviours on the parties and the society. It is the argument of this paper that there is a nexus between law and morality which is inseparable, and that certain private acts capable of harming the corporate morality of the society should not be excluded from the ambits of the law. The paper concludes that the Same-Sex Marriage (Prohibition) Act does not infringe on individual rights nor does it have any ominous implications on individual rights.