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Recognized |
Civil unions or registered partnerships but not marriage |
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Notes
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 LGBTQ portal |
Nigeria does not recognizesame-sex marriages orcivil unions.Homosexuality among men is punishable by up to 14 years' imprisonment in southern parts of Nigeria, while it ispunishable by death in northern parts of the country underSharia law. Individuals who "perform, witness, aid or abet" a same-sex marriage may face severe penalties.[1]
On January 18, 2007, theFederal Executive Council proposed a bill prohibitingsame-sex marriages and urged theNational Assembly to pass it urgently. According to the Minister of Justice,Bayo Ojo, the bill was pushed by PresidentOlusegun Obasanjo following the International Conference on AIDS and Sexually Transmitted Infections in Africa (ICASA) inAbuja in 2005. The bill would have called for five years' imprisonment for anyone who "undergoes, performs, witnesses, aids, or abets" a same-sex marriage. It would have also prohibited any display of a "same-sex amorous relationship" andadoption of children by gays or lesbians.[2] The bill received little to no opposition in Parliament. It would have also prescribed five years' imprisonment for involvement in public advocacy or associations supporting the rights of lesbian and gay people, including a ban on any form of relationship with a gay person.[3] In February 2006, theUnited States Department of State condemned the bill. In March 2006, 16 international human rights groups signed a joint letter condemning the law, calling it a violation of freedoms ofexpression,association andassembly guaranteed by international law and theAfrican Charter on Human and Peoples' Rights, as well as a barrier to the struggle againstHIV/AIDS. An estimated 3 million people live with HIV/AIDS in Nigeria.[4] The bill was not passed before the2007 elections.
A similar draft bill was proposed in 2013. It states: "A person who registers, operates or participates in gay clubs, societies or organizations, or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offense and is liable on conviction to a term of 10 years." It passed Parliament with little opposition,[5] and was signed into law by PresidentGoodluck Jonathan on January 7, 2014 as theSame Sex Marriage (Prohibition) Act 2013 (SSMPA).[a] The law voids marriage contracts between people of the same sex and bans persons from "aiding and abetting" same-sex marriages.[1][8]
Proponents of the legislation cited theirChristian orMuslim faith and culture to support the law. Critics contended that local cultures did not explicitly forbid same-sex marriages and relations. For instance, anìyá ṣàngó (Yoruba:[ì.jáʃã̀gó]) is a priestess ofShango, the deity of thunder and lightning in theYoruba religion, who during trance possession is no longer viewed as a woman and is seen to marry Shango at the metaphysical level, becoming a man. Maleìyá ṣàngó would dress in "women's clothing, cosmetics, and jewelry and sport women's coiffures when they [were] going to be possessed".[9][10] InHausa culture, there are men who exhibit feminine traits and are sexually attracted or intimate with other men, known asƴan daudu (Hausa:[j̰ándáudùː]).[11] However, while these identities and behaviours may be placed on the LGBT spectrum, they differ from same-sex relationships in the way they are commonly defined inWestern legal systems.Discrimination against theƴan daudu has increased in recent years, which manyƴan daudu attribute to increased religiosity among the Hausa people.[12] Among theIgbo, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a "wife" (Igbo:nwunye ọkpọrọ) to increase her economic status and perpetuate her inheritance and family lineage. Offspring from a female same-sex marriage (alụmalụ nwaanyị na nwaanyị) guarantee the female "husband" economic standing by "maintaining her rights to occupy property which is inherited by her children".[13] Female same-sex marriages are also practiced among theYoruba,Nupe andIjaw,[10] and predate the arrival of Roman Catholic and Anglican missionaries to Nigeria in the 19th century.[14][15] However, this traditional practice has gradually disappeared due to the influence of Christian churches, and polling suggests that most women now disapprove of the institution.[13]
A case,Mr. Teriah Joseph Ebah v. Federal Republic of Nigeria, challenging the constitutionality of the law was dismissed by theFederal High Court in October 2014 for lack ofstanding.[16] In 2018, several LGBT activists said that to their knowledge the law had not been used to convict anyone in any same-sex marriage-related case. According to the activists, this is because the law is "incoherent", and many cases involving suspected LGBT persons lack proper evidence, making it "impossible for prosecutors to present a winnable case and prove that any crime has been committed".[17] Nevertheless, "because of this law, the police treat people in any way that they please. They torture, force people to confess, and when they hear about a gathering of men, they just head over to make arrests."[18] In 2018, a group of 47 men were arrested inLagos for allegedly being "initiated into a gay club". The men said they were attending a birthday party. This case was widely seen as a test case on whether the law could be used to prosecute. Judge Rilwan Aikawa of the Federal High Court dismissed the case for lack of evidence in October 2020.[19] In October 2020, LGBT activists also used theEnd SARS protests in Nigeria to demand an end to marginalization of the LGBT community in Nigeria.[20]
TheKano State Hisbah Corps arrested 12 young men in January 2015 inKano on suspicion of planning a same-sex wedding. The men denied it, saying they were planning a friend's birthday party. Similarly, the police force arrested 11 young women in 2018 on charges of planning a lesbian wedding. The women refuted the charges, saying they were celebrating the appointment of their dance club's president. In December 2022, 19 people were arrested on similar charges. None of these cases have resulted in a conviction.[21] In August 2023, 69 people were arrested inWarri for allegedly participating in a same-sex marriage. The police livestreamed the arrest on theirFacebook page, a practice the Federal High Court had ruled illegal in 2022.[22] They were released on bail the following month.[23] In October 2023, 76 people were arrested inGombe State on suspicion of planning a same-sex wedding.[24][25]
In December 2023, theHoly See publishedFiducia supplicans, a declaration allowingCatholic priests tobless couples who are not considered to bemarried according to church teaching, including theblessing of same-sex couples.[26] However, theCatholic Church in Nigeria criticized the declaration and many Nigerian clerics said they would not bless same-sex couples.[27][28][29] TheCatholic Bishops' Conference of Nigeria issued a statement on 20 December condemning the declaration and stating that "there is no possibility in the Church of blessing same-sex unions and activities. That would go against God's law, the teachings of the Church, the laws of our nation and the cultural sensibilities of our people."[30]
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A 2015opinion poll conducted by NOIPolls in partnership with the Initiative for Equal Rights and theBisi Alimi Foundation showed that 87% ofNigerians supported theSame Sex Marriage (Prohibition) Act 2013.[31]
A September–October 2016 survey by theVarkey Foundation found that 16% of 18–21-year-olds supported same-sex marriage in Nigeria.[32]
APew Research Center poll conducted between February and May 2023 showed that 2% of Nigerians supported same-sex marriage, 97% were opposed and 1% did not know or refused to answer. Christians (97%) and Muslims (98%) were equally likely to oppose same-sex marriage.[33]
