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LGBT rights in Nigeria

LGBT rights in
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Same-sex sexual activity legal? Illegal under federal law since 1901 (as Northern Nigeria Protectorate and Southern Nigeria Protectorate)
(Federal Republic of Nigeria)
Penalty:
States under Shari'a law: Death
(Applies to persons who have consented to jurisdiction of Shari'a courts plus all Muslims)
States not under Shari'a law: 14 years' imprisonment
(Federal Republic of Nigeria)
Gender identity/expression Illegal in northern states
(Federal Republic of Nigeria)
Discrimination protections No
(Federal Republic of Nigeria)
Family rights
Recognition of
relationships
The Same-Sex Marriage Prohibition Act criminalises all forms of same-sex unions
(Federal Republic of Nigeria)

Lesbian, gay, bisexual, and transgender (LGBT) persons in Nigeria face unique legal and social challenges not experienced by non-LGBT residents. The country does not allow or recognise LGBT rights. There is no legal protection against discrimination in Nigeria — a largely conservative country of more than 170 million people, split between a mainly Muslim north and a largely Christian south. Very few LGBT persons are open about their orientation, and violence against LGBT people is frequent.

Both male and female same-sex sexual activity is illegal in Nigeria. The maximum punishment in the twelve northern states that have adopted Shari'a law is death by stoning. That law applies to all Muslims and to those who have voluntarily consented to application of the Shari'a courts. In southern Nigeria and under the secular criminal laws of northern Nigeria, the maximum punishment for same-sex sexual activity is 14 years' imprisonment. The Same-Sex Marriage Prohibition Act criminalises all forms of same-sex unions and same-sex marriage throughout the country.

According to the 2007 Pew Global Attitudes Project, 97 percent of Nigerian residents believe that homosexuality is a way of life that society should not accept, which was the second-highest rate of non-acceptance in the 45 countries surveyed. In 2015, a survey by an organisation founded by a Nigerian homosexual activist based in London claimed this percentage decreased to 87%. In this survey by Bisi Alimi, as of the same period the percentage of Nigerians who agree LGBT persons should receive education, healthcare, and housing is 30%.

Nigeria has been criticized by human and civil rights organizations based in the West where LGBT's have more or equal rights, as well as the United Nations, for failing to uphold, and even violating, the rights of LGBT people.

Sex acts between men are illegal under the Criminal Code that applies to southern Nigeria and carry a maximum penalty of 14 years' imprisonment. Sex acts between women are not mentioned specifically in the code, although it is arguable that the gender-neutral term "person" in Section 214 of the code includes women. Chapter 21 of that code provides in pertinent part as follows:


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