Between Human Rights and Socio-Cultural Politics: Interrogating Nigerians’ Anti-Gay Legislation from A Liberal Democratic Perspective

The enactment of Nigeria’s Same-Sex Marriage (Prohibition) Act (SSMPA) in 2014 generated intense debates concerning the relationship between human rights, socio-cultural values, religion, and democratic governance. While supporters of the legislation regard it as a legitimate expression of Nigerian cultural identity, religious morality, and national sovereignty, critics argue that it violates fundamental human rights and undermines the principles of liberal democracy. The central problem addressed by this study is the persistent tension between the protection of minority rights and the preservation of dominant socio-cultural values within a democratic society. Against this backdrop, the study interrogates Nigeria’s anti-gay legislation from a liberal democratic perspective, examining whether the SSMPA reflects democratic legitimacy or constitutes a restriction on the rights and freedoms of sexual minorities. The study adopts a qualitative research design and relies on documentary methods of data collection. Data were obtained from books, journal articles, legal documents, government publications, international human rights reports, constitutional provisions, and relevant secondary sources. Liberal democratic theory serves as the analytical framework for evaluating the compatibility of Nigeria’s anti-gay legislation with democratic principles such as equality, individual liberty, freedom of association, privacy, and minority rights. The study finds that while the SSMPA enjoys considerable socio-cultural and religious support, its provisions raise significant concerns regarding constitutional freedoms, democratic inclusiveness, and the protection of vulnerable groups. The significance of the study lies in its contribution to ongoing scholarly debates on human rights, culture, and democracy in Africa. It further provides a nuanced understanding of how states negotiate competing demands between collective cultural values and universal principles of human dignity and freedom.