Domestic Legal Framework

Nigeria has an array of diverse legal frameworks including state, federal, customary, and religious laws—each play varying roles that affect LGBTQI+ individuals. (ILGA Database). The Constitution of the Federal Republic of Nigeria details Fundamental Rights, including, but not limited to (1) the right to freedom of expression, (2) the right to freedom from discrimination, and (3) the right to private and family life. However, the Constitution does not make any explicit mention of these rights in relation to LGBTQI+ individuals or refugees. In fact, it does not contain any provisions or reference to LGBTQI+ individuals. Under this Constitution, federal law is superior to Sharia Penal Codes, which is in effect in 12 states in the Northern region of Nigeria. Sharia Law, in varying degrees and contexts, restricts freedom of expression and association and prescribes the death penalty for same-sex sexual activity. The legal frameworks in Nigeria only reference the “female” and “male” gender binary excluding any rights or protections for intersex or transgender individuals.

In April 2022, the House of Representatives reportedly considered a bill criminalising crossdressing with up to six months’ imprisonment or a fine of N500,000 (approx. $1,150). While the Bill was not passed the Nigerian police force has confirmed that crossdressing is not a criminal offence under the Penal Code. However, cross-dressing is an offence under Sharia Law. More recently, in 2024 the Nigerian President Bola Ahmed Tinubu approved a directive preventing LGBT+ individuals from serving in the Armed Forces of Nigeria. Reports quote the revised directive as stating that “An officer must not engage in homosexuality, lesbianism, and bestiality. He/she is not to belong to, or engage in activities of the Lesbian, Gay, Bisexual, Transgender or Trans, Queer or Questioning, Intersex, Asexual or Agender, Two-Spirit (LGBTQIA2S+) group and cross-dressing, amongst others”.

Federal Legislation

The Criminal Code Act, enacted in 2004, criminalises consensual same-sex sexual acts, “carnal knowledge of any person against the order of nature” (ILGA Database). Chapter 21 is entitled Offenses against morality and contains Section 214, Unnatural Offences. According to this Section, an individual is guilty of a felony and is liable for a penalty of imprisonment for 14 years. Section 217, Indecent Practices Between Males, carries a felony and penalty of imprisonment for three years for any male who commits any act of gross indecency with another male. Carnal knowledge is defined as completed upon penetration. Unlawful carnal knowledge is defined as carnal knowledge between anyone other than husband and wife. 

The Same-Sex Marriage Prohibition Act (SSMPA), enacted in 2013, prohibits same-sex marriages and provides a penalty of 10 years imprisonment for solemnization and witnessing thereof. Same-sex marriages are not recognized nor entitled to the benefits of a “valid marriage” which requires a man and a woman. The Act imposes a penalty of up to 14 years imprisonment for individuals who enter into a same-sex marriage contract or civil union. Furthermore, the Act, in contravention of the Constitution by restricting freedom of expression and the right to a private family life, prohibits the registration and participation in gay clubs, societies, organizations, and meetings and provides a penalty of 10 years imprisonment upon violation of this offence. Lastly, the Act prohibits public display of same-sex amorous relationships.

State Level (Sharia Penal Codes)

Penal Codes differ depending on the state in Nigeria. For example, the Abuja Penal Code prohibits carnal intercourse against the order of nature with a man, woman, or animal shall be punished for a term of 14 years and will be liable for a fine. It also criminalises gender expression that does not correspond with the sex assigned at birth, specifically stating “any male who dresses or is attired in the fashion of a woman in a public place” as well as anyone who practices sodomy as a means of livelihood or as a profession. Similarly, the Zamfara State, Sokoto State, and Kano State Sharia Penal Code all criminalise indecency, sodomy and lesbianism. 

International Legal Framework

Nigeria has ratified many regional and international treaties that mandate protection from violence, torture and other ill-treatment, slavery, forced prostitution, and discrimination based on sex. These instruments also obligate Nigeria to adopt effective measures for the prevention, investigation, prosecution, and punishment of serious human rights abuses. Amnesty International considers the imprisonment for consensual same sex relations to be a grave violation of human rights, including the rights to privacy, to freedom from discrimination to freedom of expression and association, those of which are protected under both the Convention Against Torture and the African Charter on Human and Peoples’ Rights.

Nigeria is a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention Against Torture) which acceded in June 2001. The Convention Against Torture is an international human rights treaty aimed at preventing torture and other acts of punishment or degrading treatment around the world. Under this treaty Nigeria must take legislative and other measures to prevent acts of torture in each of the country’s jurisdictions, including ensuring that all acts of torture are offenses under its criminal law, investigate and prosecute all cases and allegations of torture, and ensure that education and related information is provided to law and medical personnel and public officials. These obligations are in direct contravention of the reality of LGBTQI+ identifying individuals in Nigeria as many are subject to state sanctioned violence under the Same Sex Marriage Prohibition Act and Sharia Law. Although the Convention Against Torture does not specifically mention LGBTQI+ individuals, the prohibition of torture applies to all persons regardless of their sexual orientation or gender identity.

The Convention Against Torture does not provide an exhaustive list of acts that constitute torture, however various international bodies and human rights organizations have interpreted the following to be considered torture under the Convention’s definition: beatings, electric shocks, burning, waterboarding, mock executions, threats of harm to an individual or their family, and forced witnessing of torture of others. These acts of violence and abuse, although prohibited, are often carried out by law enforcement and members of the public against those that identify as LGBTQI+ in violation of the Convention Against Torture.

Nigeria is also a treaty member to the African Charter on Human and Peoples’ Rights. This Charter recognizes the rights, duties and freedoms of all peoples and seeks to promote and protect human rights and basic freedoms in the African continent. The rights enshrined in the Charter include civil and political rights, the right to equality and non-discrimination and prohibits slavery, torture and cruel, inhuman or degrading treatment. Although these rights are present in the Charter, again, they are not observed by the Nigerian government and law enforcement, nor members of the public, which is evidenced by the rampant violence and discrimination against LGBTQI+ individuals.