People in the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community in Nigeria face severe challenges. Both male and female expressions of homosexuality are illegal in Nigeria and punishable by death in the northern portion of the country and up to 14 years of imprisonment in the southern portion of the country. There are no legal protections for LGBTQ people in Nigeria—a largely conservative country of more than 230 million people, split between a mainly Muslim north and a mainly Christian south. Very few LGBTQ people are open about their sexuality, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBTQ community. Many LGBTQ Nigerians seek asylum in countries with progressive laws.
Attempted same-sex marriages have also been criminalised within Nigeria since 2013, enacted via the Same Sex Marriage (Prohibition) Act 2013. The maximum punishment in 12 northern states with Shari'a law is death by stoning. The law applies to all Muslims and those who have voluntarily consented to the jurisdiction of the Shari'a courts. However, in southern Nigeria and under the secular criminal laws of northern Nigeria, the maximum punishment for same-sex sexual activity is 14 years of imprisonment, which is less severe. In 2022, a group of Nigerian human rights organizations and activists filed a lawsuit arguing that Sections 4(1), 5(2), and 5(3) of the Same-Sex Marriage (Prohibition) Act 2013 violated provisions of the Nigerian Constitution. That same year, the court ruled that these sections were unconstitutional and could not be enforced in any part of the country, effectively allowing LGBTQ+ organizations and individuals to exist and organize freely.
Attitudes According to the 2007 Pew Global Attitudes Project, 97%The number of adults (all were at least 18 years of age) surveyed in Nigeria was 1,128, yielding a margin of error of 3 percent with a 95 percent confidence level. of Nigerian residents believe that homosexuality is a way of life that society should not accept, which was the third-highest rate of non-acceptance in the 45 countries surveyed. In 2015, a survey by an organisation founded by Bisi Alimi, a Nigerian homosexual activist, and based in London claimed this percentage decreased to 94%. In this survey, as of the same period, 30% of Nigerians agree that LGBTQ persons should receive education, healthcare, and housing.Alimi, Adebisi. "Why My Mom Didn't Say 'I Love You' For 11 Years." National Public Radio. 19 July 2015. Retrieved on 21 July 2015. The level of disapproval declined slightly to 91% in another Pew Research Center poll in 2019.
In 2006, Philip Alston, the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, delivered an oral statement to the Human Rights Council. To this, Joseph Ayalogu, the Nigerian ambassador to the UN, countered that "homosexuality and lesbianism " are "serious offences and odious conduct", that capital punishment is "appropriate and just punishment," and that those who believe executions are "excessive" are "judgemental rather than objective".
LGBTQ violence targeted at gay men and trans women is rampant in the country. It is called Kito, a process in which these individuals are lured into traps and blackmailed for being gay. The Kito scheme often involves extortion, outing, and physical harm. In recent times, organizations such as Minority Watch Nigeria have been advocating for legal protections for individuals facing such discrimination.
Legality of same-sex sexual activity Same-sex sexual activity is criminalized throughout Nigeria under various laws, including federal and state codes. Punishments range from imprisonment to capital punishment in some northern states governed by Shari'a law. This legal framework reflects a combination of colonial-era laws, Islamic jurisprudence, and local statutes, creating a restrictive environment for LGBTQ+ individuals in Nigeria.
Federal laws In southern Nigeria, the Nigerian Criminal Code criminalizes sex acts between men with penalties up to 14 years' imprisonment. Gross indecency between men is punishable by up to 3 years in prison. Furthermore, individuals or organizations supporting the rights of LGBTI individuals can face a 10-year sentence under this legislation. Section 214 of the penal code: This law criminalizes "carnal knowledge against the order of nature", which is interpreted to include same-sex sexual activity. Section 217 of the criminal code: This law criminalizes "gross indecency" which is also interpreted to include same-sex sexual activity. In northern Nigeria, the Penal Code prohibits "carnal intercourse against the order of nature" for men and women, punishable by up to 14 years' imprisonment, a fine, or both.
Shari'a law in northern states
Twelve northern states implement Shari'a-based criminal laws applying to Muslims and those who consent to Shari'a court jurisdiction. Sodomy and lesbianism are severely punished, with penalties ranging from 100 lashes to death by stoning, depending on marital status and location. Lesbianism is defined as carnal acts or stimulation between women, punishable by imprisonment or caning in most states, with death penalties applied in Kano and Katsina.
Other religious groups Religion holds profound influence in Nigeria, with Islam and Christianity being the predominant faiths, and a multitude of indigenous belief systems also contributing to the spiritual landscape. Religious practices and rituals are deeply embedded in various aspects of Nigerian society, and religious institutions often play crucial roles in education, healthcare, and social welfare.
Religion exerts a profound influence on the experiences of the LGBTQ community in Nigeria. Nigerian interpretations of Islam and Christianity often adhere to traditional views on sexuality and gender roles. This has led to the stigmatization of and discrimination against the LGBTQ community.
Other criminalized behaviors Cross-dressing and "imitating the opposite gender" are penalized in some states. For example, Kano imposes up to one year in prison or a fine for men who dress or behave as women. Being labeled a "vagabond" or "incorrigible vagabond" for engaging in same-sex acts or cross-dressing carries punishments of imprisonment, caning, or fines.
History The Nigeria Police Force, established in the 18th century in Nigeria during the British colonial era, has been labeled as corrupt and repressive. There are reports of police officers profiling people whom they deem as gay leading to arrests, assaults, and extortion.
The law criminalizing homosexuality is based on a British colonial-era law that was introduced to Nigeria in the 19th century. Prior to colonization, there was no single law criminalizing same-sex sexual activity in Nigeria. However, there were cultural taboos against same-sex relationships in some parts of the country. The British colonial government introduced laws that criminalized same-sex sexual activity, based on the British criminal code, which had been influenced by Victorian morality. The most notable of these laws was the Criminal Code Act of 1916, which made it a crime for "any person who has carnal knowledge of any person against the order of nature". These laws were retained after Nigeria gained independence in 1960, becoming part of the Nigerian Criminal Code.
Colonialism and religion have impacted LGBTQ rights in Nigeria, which are generally infringed upon. These laws were retained after Nigeria gained independence in 1960. In recent years there have been some calls and protests for the repeal of these laws, but they remain in place.
Recognition of same-sex relationships
On 18 January 2007, the cabinet of Nigeria approved the Same Sex Marriage (Prohibition) Act 2006 and sent it to the National Assembly for urgent action. The bill, however, did not pass.The bill would have: provided that "only marriage entered into between a man and a woman under the marriage Act or under the Islamic and Customary Laws are valid and recognized in Nigeria" made void in Nigeria any "marriage entered into by persons of same sex pursuant to a license issued by another state, country, foreign jurisdiction or otherwise" prohibited the issuance of a marriage license to persons of the same sex prohibited recognition in Nigeria of "[m]arriage between persons of same sex entered into in any jurisdiction whether within or outside Nigeria, any other state or country or otherwise or any other location or relationships between persons of the same sex which are treated as marriage in any jurisdiction, whether within or outside Nigeria" required "[a]ll arms of government and agencies in the Federal Republic of Nigeria ... [to] not give effect to any public act, record or judicial proceeding within or outside Nigeria, with regard to same sex marriage or relationship or a claim arising from such marriage or relationship" provided that all "contractual or other rights granted to persons involved in same sex marriage or accruing to such persons by virtue of a license shall be unenforceable in any Court of law in Nigeria" denied the courts of Nigeria the "jurisdiction to grant a divorce, separation and maintenance orders with regard to such same sex marriage, consider or rule on any of their rights arising from or in connection with such marriage" prohibited the celebration of same sex marriage "in any place of worship by any recognized cleric of a Mosque, Church, denomination or body to which such place of worship belongs" imposed up to five years' imprisonment for anyone who "goes through the ceremony of marriage with a person of the same sex" or "performs, witnesses, aids, or abets the ceremony of same sex marriage" imposed up to five years' imprisonment for anyone who "is involved in the registration of gay clubs, societies and organizations" prohibited "[p]ublicity, procession[,] and public show of same-sex amorous relationship through the electronic or print media physically, directly, indirectly or otherwise" made same sex couples ineligible to adopt children
On 29 November 2011, the Senate of Nigeria passed the "Same Sex Marriage (Prohibition) Bill, 2011". The bill was passed on 30 May 2013 by the House of Representatives of Nigeria and signed into law by President Goodluck Jonathan in January 2014 as the Same-Sex Marriage Prohibition Act. The law: made a marriage contract or civil union entered into between persons of the same sex "invalid and illegal and ... not recognized as entitled to the benefits of a valid marriage" made void and unenforceable in Nigeria a marriage contract or civil union entered into between persons of the same sex by virtue of a certificate issued by a foreign country prohibited the solemnization of any marriage or civil union entered into between persons of the same sex "in any place of worship either Church or Mosque or any other place or whatsoever called in Nigeria" prohibited the registration of "gay clubs, societies and organisations, their sustenance, processions and meetings" prohibited the "public show of same sex amorous relationship directly or indirectly" made a person who enters into a same sex marriage contract or civil union liable for 14 years' imprisonment made a person who "registers, operates or participates in gay clubs, societies and organisations, or directly or indirectly make public show of same sex amorous relationship in Nigeria" liable for 10 years' imprisonment made a person or group of persons that "witness, abet and aids the solemnization of a same sex marriage or civil union, or supports the registration, operation and sustenance of gay clubs, societies, organisations, processions or meetings in Nigeria" liable for 10 years' imprisonment