RIGHT TO EQUAITY: A LEGAL ANALYSIS OF ANTI-DISCRIMINATION LAWS BASED ON SEXUAL ORIENTATION

Abstract

Equality, in its simplest sense, denotes the principle that all individuals are entitled to equal treatment, rights, and opportunities without unjustified distinction or bias. It is a foundational human rights concept that underpins democratic societies and legal systems across the globe. Sexual orientation, on the other hand, refers to a person’s emotional, romantic, or sexual attraction towards others, which may be directed towards individuals of the same sex, opposite sex, or more than one sex. The main aim of this work is to provide a legal analysis of the right to equality in Nigeria with specific focus on discrimination based on sexual orientation. While international human rights law recognizes the right of all persons to non-discrimination irrespective of sexual orientation, Nigeria’s legal framework remains largely silent and, in many respects, hostile to the recognition and protection of such rights. The objective of this study is therefore to interrogate the extent to which Nigeria’s anti-discrimination provisions align with global human rights standards, to identify the gaps in domestic legislation, and to examine the implications of these gaps for the protection of sexual minorities. The study adopts a doctrinal research methodology, relying on primary and secondary legal sources such as constitutional provisions, statutes, judicial decisions, academic literature, and international human rights instruments. Through this method, it evaluates the scope of Nigeria’s constitutional guarantees of equality and freedom from discrimination, while also interrogating how existing laws such as the Same Sex Marriage (Prohibition) Act undermine those guarantees. The findings reveal that Nigeria has no express legal provisions that protect individuals against discrimination on the basis of sexual orientation. On the contrary, the current legal framework perpetuates exclusion and legitimizes inequality. This lacuna undermines both the universality of human rights and the principle of equality as enshrined in international instruments to which Nigeria is a party. This work recommends the urgent need for legislative reform to expressly include sexual orientation as a protected ground under Nigeria’s anti-discrimination laws. Such reform would not only align Nigeria with its international human rights obligations but also advance the principle of equality as a cornerstone of democratic governance and the rule of law.