Nigeria

Legal Code Summary

Criminal Code Act, Chapter 77 from 1990 & Same-Sex Marriage (Prohibition) Act

Legal Code Text

Section 214 - “Any person who (1) has carnal knowledge of any person against the order of nature; or [...] (3) permits a male person to have carnal knowledge of him or her against the order of nature; is guilty of a felony, and is liable to imprisonment for fourteen years.”

Section 215 - “Any person who attempts to commit any of the offences defined in the last preceding section is guilty of a felony and is liable to imprisonment for seven years. The offender cannot be arrested without warrant.”

Section 217 - “Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony, and is liable to imprisonment for three years. The offender cannot be arrested without warrant.”

Section 1- “(1) A marriage contract or civil union entered into between persons of same sex: (a) is prohibited in Nigeria; and (b) shall not be recognised as entitled to the benefits of a valid marriage. (2) A marriage contract or civil union entered into between persons of same sex by virtue of a certificate issued by a foreign country is void in Nigeria, and any benefit accruing there-from by virtue of the certificate shall not be enforced by any court of law.

Section 2 - “(1) A marriage contract or civil union entered into between persons of same sex shall not be solemnised in a church, mosque or any other place of worship of Nigeria. (2) No certificate issued to persons of same sex in a marriage or civil union shall be valid in Nigeria.”

Section 3 - “Only a marriage contracted between a man and a woman shall be recognised as valid in Nigeria.”

Section 4 - “(1) The registration of gay clubs, societies and organisations, their sustenance, processions and meetings is prohibited. (2) The public show of same sex amorous relationship directly or indirectly is prohibited.”

Section 5 - “(1) A person who enter into a same-sex marriage contract or civil union commit an offence and are each liable on conviction to a term of 14 years in prison. (2) A person who registers, operates or participates in gay clubs, societies and organisations or directly or indirectly makes public show of same- sex amorous relationship in Nigeria commits an offence and shall each be liable on conviction to a term of 10 years in prison. (3) A person or group of persons who administers, witnesses, abets or aides the solemnisation of same-sex marriage or civil union, or supports the registration, operation and sustenance of gay clubs, societies, organisations, processions or meetings in Nigeria commits and offence and is liable on conviction to a term of 10 years of imprisonment.”

ILGA Analysis & Notes

Note that several Northern Nigerian states have adopted Islamic Sharia laws, criminalising sexual activities between persons of the same sex. The maximum penalty for such acts between men is death penalty, while the maximum penalty for such acts between women is a whipping and/or imprisonment. These laws differ from the federal law, as most of these prohibit also sexual relations between women.

The states which have adopted such laws are: Bauchi (the year 2001), Borno (2000), Gombe (2001), Jigawa (2000), Kaduna (2001), Kano (2000), Katsina (2000), Kebbi (2000), Niger (2000), Sokoto (2000), Yobe (2001) and Zamfara (2000).

2023-2024 Legal Developments

Continues to criminalise under the federal Criminal Code Act (2004), Penal Code (Northern States) Act (1959), 12 states' Sharia penal codes, and the Same-Sex Marriage (Prohibition) Act (2013). In Jan. 2024 Nigerian Police publicly announced arrest orders following a viral LGBTQ-identification video.