Lesbian, gay, bisexual, and transgender (LGBT) persons in Nigeria face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in Nigeria — a largely conservative country of more than 150 million people, split between a mainly Muslim north and a largely Christian south.
Same-sex sexual activity is punishable by death by stoning in the 12 states that have adopted Shari'a law, and by up to 14 years imprisonment throughout Nigeria. There is no legal protection against discrimination. Very few gays are out, and violence against LGBT people is frequent. Legislation is pending to criminalize same-sex marriage throughout Nigeria.
According to the 2007 Pew Global Attitudes Project, a strong 97% of Nigeria residents said that homosexuality should be rejected by society, making it one of the highest rejections of homosexuality in the 44 countries surveyed.
Law regarding same-sex sexual activity
Twelve northern states have adopted the Shari'a penal code: Bauchi, Borno, Gombe, Kaduna, Kano, Katsina, Kebbi, Jigawa, Niger, Sokoto, Yobe and Zamfara. The Shari'a penal code does not apply to non-Muslims.
Same-sex sexual activity in Nigeria is illegal according to Chapter 21, Articles 214 and 217 of the Nigerian penal code and can be punished by imprisonment of up to 14 years throughout Nigeria. In the 12 northern states that have adopted Shari'a law, anal intercourse (Liwat) is punished with 100 lashes (for unmarried Muslim men) and one year's imprisonment and death by stoning for married or divorced Muslim men. As of March 2006, press reports say that more than a dozen people have been sentenced to death by stoning since 2000, but the sentences had not been carried out.
Gender identity/expression
The Shari'a penal code prohibits men from dressing as women or addressing each other as women and Muslim men have been punished in Nigerian States that have adopted Shari'a law. Otherwise it would appear that cross-dressing is generally associated with homosexuality and thus, even where Shari'a law does not apply, punished accordingly.
Recognition of same-sex relationships
On 18 January 2007 the Federal Executive Council approved a law, Same Sex Marriage (Prohibition) Act 2006, prohibiting same sex marriages and sent it to the National assembly for urgent action. According to the Minister of Justice, Chief Bayo Ojo, the law was pushed by President Olusegun Obasanjo following demonstrations for same sex marriage during the international conference on HIV/AIDS (ICASA) in 2005.
The proposed bill calls for five years imprisonment for anyone who undergoes, "performs, witnesses, aids, or abets" a same-sex marriage. It would also prohibit any display of a "same-sex amorous relationship" and adoption of children by gays or lesbians. The bill is expected to receive little or no opposition in Parliament. The same-sex marriage ban would make Nigeria the second country in Africa to criminalize such unions. In 2005, the Ugandan constitution was amended to ban same-sex marriage.
The same bill would also call for five years imprisonment for involvement in public advocacy or associations supporting the rights of lesbian and gay people. Included in the bill is a proposal to ban any form of relationship with a gay person. The intent of the bill is to ban anything remotely associated with being 'gay' or just gay in the country.
In February 2006, the United States State Department condemned the proposal. In March 2006, 16 international human rights groups signed a letter condemning the bill, calling it a violation of the freedoms of expression, association and assembly guaranteed by international law as well as by the African Charter on Human and Peoples' Rights.
Anti-Discrimination Protections
The Constitution does not expressly protect LGBT-rights, but it does contain various provisions guaranteeing all citizens equal rights as well as other rights, including health care and equal opportunity in the workplace
There is no enacted legislation protecting against discrimination or harassment based on sexual orientation or gender identity. None of the political parties in Nigeria have formally endorsed LGBT-rights. The People's Democratic Party and the All Nigeria Peoples Party are the two most successful political parties in the national assembly and they are overtly hostile to LGBT-rights. Smaller, more liberal, political parties have also spoken against LGBT rights.
Living conditions
Public hostility to homosexual relations is widespread. Very few gays are out, and violence against LGBT people is frequent.
On 12 September 2008, a number of newspapers published the names, addresses and photos of the 12 members of the House of Rainbow Metropolitan Community Church, a LGBT-friendly church in Lagos. As a result, some members were threatened, beaten and stoned. One woman was attacked by 11 men. As of the end of 2008, the authorities had not begun to investigate the incidents. Some members were evicted from their homes or lost their jobs. Some had to go into hiding. The church was forced to close due to police harassment and threats.
It is difficult to be openly gay, but there are some groups, such as the Metropolitan Community Churches (MCCs), that try to assist homosexuals. The numbers can exceed 400 people at one meeting, but it is still dangerous to attend these.
The U.S. Department of State's 2010 Human Rights Report found that "because of widespread taboos against homosexual activity, very few persons openly demonstrated such conduct. There were no public gay pride marches. The NGOs Global Rights and The Independent Project provided lesbian, gay, bisexual, and transgender (LGBT) groups with legal advice and training in advocacy, media responsibility, and HIV/AIDS awareness. The government or its agents did not impede the work of these groups during the year."
HIV/AIDS
Discrimination against persons living with HIV/AIDS is widespread, as HIV/AIDS is blamed on immoral conduct. Public education campaigns have been initiated to reduce the stigma of HIV/AIDS.
Although there is discrimination on the ground of sexual orientation and gender identity in Nigeria, HIV programming exist for Men who have sex with Men. Organizations like the Independent Project for Equal Rights implement a sexual health program for MSM in Lagos state through a peer education approach and also organization vocational training that will enhance the skills of the men and make them less vulnerable to contracting HIV.
TIP's approach to HIV prevention is not only surrounded by condom and lube promotion but also capacity building of the men so that they can be less dependent or discouraged in engaging in sex work.
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