Anti-LGBT laws: Nigeria

Nigerian law currently provides for a 14-year prison sentence for homosexual acts involving either men or women. That applies in the southern part of the country.

In 12 Nigerian states in the north, sharia law applies. For homosexual activity, that law provides for capital punishment for men, lashing or imprisonment for women. However, in its report on capital punishment in 2011, Amnesty International noted no executions in Nigeria.

According to the 2011 report on laws about homosexuality worldwide from the International Lesbian, Gay, Bisexual, Trans and Intersex Association, Nigerian law on homosexual activity is codified in Chapter 77 of the Criminal Code Act:

Criminal Code Act, Chapter 77, Laws of the Federation of Nigeria 1990 147

Section 214. “Any person who

(1) has carnal knowledge of any person against the order of nature; or

(2) has carnal knowledge of an animal; 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.”

States that have adopted sharia law 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).