Courts & Tribunals

In April 2008, two women in Kaduna, Nigeria were sentenced to six months in prison and 20 lashes each for having a lesbian relationship, the Sharia court said that Malama Hauwa and Hajiya Ai'sha were violating the tenets of Islam and the teachings of Sharia law [R1.1].

National

In January 2007, proposed legislation which would criminalize same-sex unions and GLBTI organisations, was been expanded to include people who celebrate or support. It would also ban the recognition of same-sex unions that took place in countries where they are legal. same-sex unions. [R1.3].

The passing of the Same Sex Marriage (Prohibition) Bill 2006 " … into Nigerian law was effectively derailed by international and local outrage, including opposition by local groups such as the House of Rainbow (MCC-Nigeria), Global Rights Nigeria and the International Centre for Sexual Rights and Education (INCRESE) … " [R1.2].

In April 2006, proposed legislation to criminalize same-sex unions and GLBTI organisations, was expanded to include people who celebrate or support same-sex unions, imposing five years imprisonment for "those who violate the proposed law, including those who witness, celebrate with or support couples involved in [a] homosexual relationship" [R1.1].

National

The law in Nigeria prohibits consensual sex between male same-sex couples. Consensual sex between lesbians is not mentioned [R1.5].

Under Nigerian Law, sex between men is punishable by up to 14 years in prison. Under Islamic Sharia law, which governs parts of Nigeria, the penalty for homosexual sex is death by stoning [R1.4].

In August 2007, eighteen Nigerian men were arrested at a hotel and charged with sodomy following gay marriage celebrations in Bauchi. Sharia law, which operates in the Islamic Bauchi State means the men could face death by stoning if found guilty [R1.3].

In July 2006, "sexual deviancy" law was amended stating that sodomy is "any act involving contact between two males that would be regarded by a reasonable person as an indecent act", making it a criminal offense for two people of the same sex to hold hands, hug, or kiss [R1.2].

In April 2006, proposed legislation to criminalize same-sex unions and GLBTI organisations, was expanded to include people who celebrate or support same-sex unions and resulting in far-reaching consequences not only for gays and lesbians, but anyone who freely associates with them [R1.1].

Since 2000, over a dozen Nigerians have been sentenced to death for sexual offences including homosexuality and adultery since Sharia law was introduced in northern Nigeria, though most sentences were commuted to prison terms [R1.2].

Courts & Tribunals

In April 2008, in sentencing two women in Kaduna, Nigeria to six months in prison and 20 lashes each for having a lesbian relationship, the Sharia court said that Malama Hauwa and Hajiya Ai'sha were violating the tenets of Islam and the teachings of Sharia law [R2.2].

In 2004, the Upper Sharia Court of Bauchi State in northern Nigeria quashed Jubrin Babaji's sentence of death by stoning for "sodomy" on appeal [R2.1].

National

On 29 November 2011, the Senate reportedly passed a Bill that imposes an increased 14-year jail term for marrying a person of the same sex. The legislation must be passed by the House of Representatives and signed by President Goodluck Jonathan before it becomes law [R1.5].

In October 2011, the Senate reportedly approved a bill that would see people jailed for three years for marrying a person of the same sex. Anyone who witnessed, abetted or aided in the solemnisation of a same-sex marriage could receive up to five years in prison [L1.4], [R1.3].

In January 2009, Nigeria's House of Representatives voted unanimously to ban same-sex marriage [R1.2].

Previously:

In January 2007, a bill banning same-sex marriage was being debated in the parliament, the sub-clauses of which would ban membership of a gay or lesbian group, and advocating gay and lesbian equality, hosting or visiting a gay website, renting or selling a property to a same-sex couple, taking or possessing photos of a gay or lesbian couple, and even expressions of same-sex love in letters or emails. Violations would be punished with an automatic five-year jail sentence [R1.1].

National

Under the Same Sex Marriage (Prohibition) Bill 2006 adoption of children by persons of the same sex would be specifically prohibited.

The passing of the Bill " … into Nigerian law was effectively derailed by international and local outrage, including opposition by local groups such as the House of Rainbow (MCC-Nigeria), Global Rights Nigeria and the International Centre for Sexual Rights and Education (INCRESE) … " [R1.1].