THE LEGAL PROTECTION OF LGBTQ+ PERSONS IN NIGERIA: HUMAN RIGHTS V PUBLIC MORALITY

I. INTRODUCTION

Few Legal issues in Nigeria generate as much controversy as the question of LGBTQ+ rights. While international human rights bodies increasingly advocate for the protection of sexual minorities, Nigerian Law continues to criminalize same-sex relationships in the name of public morality, religion and cultural values. 

Nigeria’s opposition to LGBTQ+ rights is deeply rooted in cultural and historical backgrounds such as religious and traditional values which view same-sex relationships as contrary to public morality and an opposition to indigenous values and belief systems. This stance is reflected in several legal provisions such as the Same Sex Marriage (Prohibition) Act which strictly criminalizes same sex marriages or civil unions and The Criminal and Penal Codes which criminalize consensual same-sex relations.

Supporters of these laws argue that they preserve African cultural values and religious principles, while critics contend that they violate the fundamental human rights guaranteed under both the Nigerian constitution and international legal conventions.

This article examines the extent to which public morality reasonably justifies restrictions on the rights of LGBTQ+ persons in Nigeria. It further analyses the compatibility of Nigeria’s anti-LGBTQ+ laws with international human rights standards and the possibility of a fair balance between Nigerian laws and universal human rights principles. The article also explores how religion, culture and public morality shape Nigeria’s stance on LGBTQ+ rights. It also provides an introspective view on whether the criminalization of same-sex relationships violate constitutional and international human rights protections. Finally, the article concludes with recommendations for legal policy and reform.

LEGAL FRAMEWORK GOVERNING LGBTQ+ RIGHTS IN NIGERIA

Same-sex relationships and homosexuality are strictly illegal in Nigeria. The legal landscape is primarily governed  by the Same Sex Marriage (Prohibition) act 2013 and various criminal and penal codes [1].These laws are heavily influenced by religious beliefs and  cultural values.

The Same Sex Marriage (prohibition) act 2013 is the primary legislation governing  LGBTQ+ rights in Nigeria. The act was enacted to prohibit same-sex marriages, civil unions and activities associated with LGBTQ+ organizations. Section 1 of the act provides that marriage contracts or civil unions entered between persons of the same-sex are illegal in Nigeria. The act also criminalizes the registration, operation, and support of homosexual clubs, societies and organizations[2]

The punishments  imposed under this act are severe. Persons who are found guilty of the crimes under this law such as same-sex marriage or civil unions may face up to 14 years imprisonment, while  individuals who participate in LGBTQ+ organizations or arrangements may face up to 10 years imprisonment[3]

The broad nature of the act has attracted criticism from both local and international human rights organizations particularly because it extends beyond the regulation of same-sex operations and affects freedom of association and expression.

Homosexuality had already been criminalized under the criminal code and the penal code long before the enactment of the same sex marriage (prohibition) act 2013. Under the Criminal Code Act of Southern Nigeria, Section 214 describes homosexual acts as “carnal knowledge against the order of nature” and criminalizes such acts. The offence carries a penalty of up to 14 years imprisonment.[4]

Similarly, the penal code applicable in Northern Nigeria also criminalizes same-sex sexual conducts under section 284. This offence also attracts a penalty of up to 14 years imprisonment.[5] In some Northern states operating under Sharia Law, homosexual acts attract  even harsher punishments. The existence of these provisions demonstrates the strict restrictions on LGBTQ+ persons in Nigeria.

 Despite these criminal provisions, the constitution of the federal republic of Nigeria 1999 guarantees several fundamental human rights that apply to every citizen of Nigeria, every human being and all class of persons regardless of demographic differences.[6] These include the right to life under section 33 of the constitution, the right to dignity of the human person under section 34, the right to personal liberty under section 35, the right to privacy under section 37, and the right to freedom of association under section 40[7].  Although the constitution does not expressly recognize LGBTQ+ rights, questions have arisen as to whether the criminalization of same-sex relationships conflicts with these constitutional guarantees.

In addition to fundamental human rights guaranteed under the Nigerian constitution, Nigeria is also a signatory to several international human rights instruments such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights of which the African Charter on Human and Peoples’ Rights has been domesticated into Nigerian Law[8] These instruments promote principles such as equality, dignity, privacy, and freedom from discrimination. It can be argued that Nigeria’s treatment of LGBTQ+ persons is inconsistent with its international obligations under these treaties.

The enforcement of anti-LGBTQ+ laws in Nigeria has also generated similar controversy. Reports of harassment, arbitrary arrests, discrimination, and violence against LGBTQ+ persons have raised concerns regarding abuse of power and violations of fundamental human rights. The victims of these targeted harassment avoid seeking legal protection or reporting crimes due to fear of stigmatization, prosecution or social exclusion.[9]

Overall, Nigeria’s legal framework demonstrates a strong preference for the protection of public morality and traditional values over the recognition of LGBTQ+ rights.

While supporters of the current laws view them as necessary for preserving cultural and religious identity, critics argue that they contradict constitutional freedoms and international human rights standards.

III. THE ENFORCEMENT OF ANTI-LGBTQ LAWS AND ITS IMPLICATIONS FOR FUNDAMENTAL HUMAN RIGHTS IN NIGERIA

Following the enactment of the same sex marriage prohibition act in Nigeria, Human Rights watch reported a massive increase in mob violence and targeted assaults against persons believed to be homosexual. One documented incident involved an attack in Gishiri community located in Abuja, the Federal Capital, where individuals suspected of same-sex conduct were violently assaulted by a group of residents. The victims were beaten, humiliated and forcibly stripped. The perpetrators of these violent attacks justified the violence as a form of  “moral cleansing of the community”.[10]

LGBTQ+ individuals have also been subjected to entrapment based violence locally referred to as “kito”. In such incidents, LGBTQ+ individuals are lured through social media or dating platforms only to be assaulted, extorted or blackmailed and in some cases murdered. Human Rights Watch reports that victims are often forced to pay money to avoid facing police prosecution which exposes a cycle in which both private actors and law enforcement exploit criminalization for economic and social exploitation.[11]

In addition, LGBTQ+ individuals have been subjected to abuse and degrading treatment by law enforcement officials under the guise of enforcing anti-LGBTQ+ laws. In lagos state, forty-seven men were arrested  in 2018 during a police raid on a private gathering. They were publicly paraded and charged with homosexual activity. The arrest resulted in severe reputational harm, public humiliation and social ostracisation.[12]

An aspect of the violence against LGBTQ+ persons in Nigeria is the occurrence of targeted sexual and gender based violence particularly against homosexual women. Human rights organizations have documented that women perceived to be homosexual are at risk of a violent practice known as “corrective rape”. It is a form of sexual violence perpetrated on homosexual women with the intention of punishing, degrading or forcibly altering their sexual orientation. In several reported incidents, lesbian women have been individually targeted, lured and subjected to sexual assault, physical violence and threats of exposure.[13]

In a documented incident, a young lesbian woman who had been forced to leave her home after her sexual orientation was discovered was subsequently raped by a male aquintance who threatened to report her to the police for homosexuality if she resisted or disclosed the sexual assault.[14]  

In another case, a homosexual woman visited an individual she met online and was forcibly detained on arrival for several days, repeatedly raped by multiple male perpetrators, and filmed during the assault with threats that the material would be released publicly if she reported the abuse[15]. These incidents illustrate how LGBTQ+ persons particularly women, are not only vulnerable to violence but are also systematically denied access to justice due to fear of criminal prosecution and social stigma.

The prevalence of such violence demonstrates a direct contradiction between Nigeria’s enforcement of anti-LGBTQ+ laws and the protection of fundamental human rights guaranteed under the Constitution of the Federal Republic of Nigeria 1999 (as amended)[16]. Section 34 guarantees the right to dignity of the human person and prohibits inhuman and degrading treatment[17] yet corrective rape and targeted sexual violence constitute extreme violations of this provision. Section 37 protects the right to privacy, including the privacy of consensual adult relationships, while section 35 guarantees personal liberty[18], both of which are undermined where individuals are arrested, blackmailed, or coerced based on perceived sexual orientation. Furthermore, section 40 guarantees freedom of association[19], which is effectively curtailed where LGBTQ+ persons are forced into isolation due to fear of violence or legal sanction.

The enforcement of anti-LGBTQ+ laws has created an environment in which both state and non-state actors feel legitimised in targeting individuals based on perceived sexual orientation, thereby undermining constitutional guarantees of dignity, liberty, and security of person.

HUMAN RIGHTS V PUBLIC MORALITY: THE CENTRAL DEBATE

The Public Morality Argument

Public morality refers to the collection of moral values, cultural norms, and ethical standards regarded as acceptable within a particular society. In Nigeria, debates concerning LGBTQ+ rights are framed not merely as legal issues but as questions of morality, religion, and cultural identity. Supporters of anti-LGBTQ+ laws argue that the state has a legitimate interest in protecting societal values and preserving what is perceived as the moral standard of the nation[20]

Nigeria is a deeply religious nation with significant Christian and Muslim populations. These populations rely on religious principles as a basis for public morality. A large majority of this population regard same sex relationships as inconsistent with religious teachings and principles. Consequently, laws restricting homosexual conduct are often defended as necessary measures for preserving moral standards rooted in religious faith.

In addition to religious considerations, supporters of Nigeria’s anti-LGBTQ+ laws frequently rely on cultural and traditional values as a justification for restricting same-sex relationships[21] It is argued that homosexuality is inconsistent with longstanding Nigerian cultural norms. Many proponents of this view maintain that the institution of marriage has historically been held as a union between a man and a woman and family structures in Nigeria are founded upon this understanding. Some critics also argue that the recognition of LGBTQ+ rights represent the imposition of foreign values that are not compatible with African traditions and values. This perspective has influenced public opinion and has contributed significantly to the widespread support for laws such as the Same Sex Marriage (Prohibition) Act 2013.

However, critics of anti-LGBTQ+ laws challenge the assumption that cultural traditions should automatically prevail over individual rights and freedoms. They argue that culture is dynamic rather than static and that cultural practices must be viewed in light of constitutional guarantees and internationally recognised human rights standards. This tension between cultural preservation and the protection of individual rights remains central to the debate surrounding LGBTQ+ rights in Nigeria.

The principle of democratic legitimacy is also frequently relied on by supporters of Nigeria’s anti-LGBTQ+ laws. They argue that laws derive their authority from the will of the people as expressed through democratic institutions and elected representatives. Since opposition to same-sex relationships is widely shared among many Nigerians, proponents contend that legislation such as the Same Sex Marriage (Prohibition) Act 2013 reflects the moral preferences and social values of the majority of the population[22].

This argument is reinforced by the fact that the Act received broad political support and was signed into law following approval by the National Assembly. Former President Goodluck Jonathan reportedly stated that the legislation reflected the beliefs and cultural values of the overwhelming majority of Nigerians[23]. Consequently, supporters maintain that the state is justified in enacting laws that mirror prevailing societal values, particularly on issues that are perceived to affect public morality.

The Human Rights Argument

While proponents of anti-LGBTQ+ laws rely on public morality to justify legal restrictions, critics argue that such restrictions are inconsistent with fundamental human rights principles. Human rights advocates contend that all individuals, irrespective of sexual orientation, are entitled to the protection of rights guaranteed under the Constitution of the Federal Republic of Nigeria 1999 (as amended) and under international human rights instruments to which Nigeria is a party. The criminalisation of same-sex relationships and the restrictions imposed on LGBTQ+ persons have created significant tensions between statutory law and constitutional protections.

 Right to Dignity of Human Persons

The treatment of LGBTQ+ persons in Nigeria frequently undermines the right to dignity of human persons guaranteed under section 34 of the Constitution[24]. Reports of mob violence, arbitrary arrests, public humiliation, blackmail, and corrective rape demonstrate that LGBTQ+ persons are often subjected to degrading and inhuman treatment. The prevalence of such abuses suggests that the enforcement of anti-LGBTQ+ laws has contributed to an environment in which violations of human dignity are normalised and, in some cases,  encouraged.

Right to Personal Liberty

The right to personal liberty protected under section 35 of the Constitution is also undermined by the enforcement of anti-LGBTQ+ laws[25]. Arrests based solely on perceived sexual orientation, prolonged detention, and the use of criminal sanctions against consenting adults represent significant restrictions on individual freedom. The criminalisation of same-sex conduct therefore extends state control beyond the prevention of harm and into the regulation of private personal choices.

Right to Privacy

Section 37 of the constitution guarantees the privacy of citizens, their homes, correspondence and private lives[26]. Consensual relationships between adults fall within the sphere of personal autonomy and private decision making. Laws that criminalize  same-sex relationships permit state interference in matters that would ordinarily be protected from governmental intrusion. This raises fundamental questions regarding the extent to which the state can legitimately regulate the lives of consenting adults.

Freedom of Association

The Same Sex Marriage (Prohibition) Act 2013 prohibits the registration, operation and support of gay clubs, societies and organizations. The restrictions directly affect the freedom of association guaranteed under section 40 of the constitution[27].  By preventing LGBTQ+ individuals from gathering, organizing or advocating around issues affecting their community, the law limits the ability of LGBTQ+ persons to exercise rights that are otherwise available to other groups within society.

International Human Rights Obligations

the African Charter on Human and Peoples’ Rights remains the principal international human rights instrument applicable in Nigeria, having been domesticated through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act[28]  and Section 12(1) [29]of the constitution.  By virtue of its domestication, the Charter forms part of Nigerian law and is enforceable in Nigerian courts.

The African Charter guarantees fundamental rights including dignity, equality, liberty, and freedom from discrimination. These rights are directly relevant to the lived experiences of LGBTQ+ persons in Nigeria, particularly in light of documented incidents of violence, arbitrary arrests, and degrading treatment. Accordingly, the continued enforcement of anti-LGBTQ+ laws raises serious concerns regarding compliance with obligations already incorporated into Nigerian domestic law through the African Charter.

Recommendations

Firstly, there is a need for strengthened enforcement of existing constitutional protections, particularly sections 34, 35, 37, and 40 of the Constitution. Law enforcement agencies should be properly trained to ensure that arrests, investigations, and detentions are conducted in accordance with constitutional standards, with particular emphasis on preventing arbitrary arrests and degrading treatment of individuals.

Secondly, law enforcement accountability mechanisms should be reinforced to address abuses such as extortion, harassment, and public humiliation of persons suspected of same-sex conduct. Independent oversight structures should be empowered to investigate complaints and sanction misconduct by Law Enforcement Officials.

Also, legislative and policy reforms should be considered to ensure that criminal laws are not applied in a manner that disproportionately infringes on constitutionally guaranteed rights. While public morality remains a relevant consideration in lawmaking, it should be balanced against the obligation to uphold human dignity and personal liberty within a constitutional framework.

Public education and awareness campaigns should be promoted to reduce stigma and misinformation surrounding LGBTQ+ persons. Such initiatives may contribute to reducing incidents of mob violence and improving respect for the rule of law.

Finally, Nigeria’s obligations under the African Charter on Human and Peoples’ Rights should be more fully integrated into domestic human rights enforcement practices, ensuring that constitutional interpretation aligns with internationally recognised standards of dignity, equality, and non-discrimination.

CONCLUSION

The analysis undertaken in this paper demonstrates a persistent tension between Nigeria’s anti-LGBTQ+ legal framework and the protection of fundamental human rights guaranteed under the Constitution of the Federal Republic of Nigeria 1999 (as amended). While public morality, cultural values, and democratic legitimacy are frequently invoked to justify the criminalisation of same-sex relationships, the practical enforcement of these laws has raised serious constitutional concerns. Documented incidents of violence, arbitrary arrests, and degrading treatment indicate that the impact of these laws extends beyond moral regulation into the realm of human rights violations.

At the same time, the Constitution guarantees rights to dignity, personal liberty, privacy, and freedom of association, which remain applicable to all persons regardless of sexual orientation. The continued enforcement of anti-LGBTQ+ legislation therefore creates a structural conflict between statutory law and constitutional protections, raising important questions about proportionality, necessity, and the proper limits of state regulation in a constitutional democracy.

REFERENCE(S):

Legislation

Constitution of the Federal Republic of Nigeria 1999 (As Amended).

Same Sex Marriage (Prohibition) Act 2013.

Criminal Code Act,  Cap C38, Laws of the Federation of Nigeria 2004.

Penal Code Act, Cap P3, Laws of the Federation of Nigeria 2004.

African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act).

Secondary Sources

Human Rights Watch, Nigeria: ‘Anti-LGBT Law Threatens Rights’ ( HRW, 14th January, 2014 ).

Human Rights Watch, “Tell Me Where I Can Be Safe” : The Impact of Nigeria’s Same Sex Marriage (Prohibition) Act (HRW 2016).

Hannatu Adamu, ‘The Same Sex Marriage Prohibition Act 2014: Nigeria’s Rejection of a Western Secular Trend’ (2019) 1 Usman Danfodio University Sokoto, Law Journal 160.

Associated Press, ‘Mass arrests target LGBTQ+ people in Nigeria while abuses are ignored’ (2023).

cultural valuesll

[1]Human Rights Watch, ‘Nigeria: Anti-LGBT Law Threatens Rights’ ( HRW, 14th January, 2014 ) https://www.hrw.org accessed 28th may 2026

[2] Same Sex Marriage (Prohibition) Act 2013, s1 and s4.

[3] Same Sex Marriage (Prohibition) Act 2013, s5(1) and s5(2).

[4] Criminal Code, Act Cap C38, Laws of the Federation of Nigeria 2004, s214 and s217.

[5] Penal Code Act, Cap P3, Laws of the Federation of Nigeria 2004, s284.

[6] Constitution of the Federal Republic of Nigeria 1999 (as amended), Chapter IV.

[7] Constitution of the Federal Republic of Nigeria 1999 (as amended), Sections 33-40.

[8] African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act

[9]Human Rights Watch, “Tell Me Where I Can Be Safe” : The Impact of Nigeria’s Same Sex Marriage (Prohibition) Act (HRW 2016) Human Rights Watch – “Tell Me Where I Can Be Safe?”: The Impact of Nigeria’s Same Sex Marriage (Prohibition) Act accessed 29th may, 2026

[10] Human Rights Watch, ‘Tell Me Where I Can Be Safe’ (n 9) 27

[11] Ibid 35-39

[12]Associated Press, ‘Mass arrests target LGBTQ+ people in Nigeria while abuses are ignored’ (2023) https://apnews.com accessed 29 May 2026.

[13] Human Rights Watch, ‘Tell Me Where I Can Be Safe’ (n 9)

[14] Ibid.

[15] Ibid.

[16] Constitution of the Federal Republic of Nigeria 1999 (as amended)

[17] Ibid s34

[18] Constitution of the Federal Republic of Nigeria 1999 (as amended) sections 35 and 37

[19] Ibid s40

[20] Human Rights Watch, ‘Tell Me Where I Can Be Safe’ ( n 9 ).

[21] Hannatu Adamu, ‘The Same Sex Marriage Prohibition Act 2014: Nigeria’s Rejection of a Western Secular Trend’ (2019) 1 Usman Danfodio University Sokoto, Law Journal 160

[22] The Same Sex Marriage (Prohibition) Act 2013.

[23] Human Rights Watch ‘Tell Me Where I Can Be Safe’ (n 9)

[24] Constitution of the Federal Republic of Nigeria 1999 ( As Amended ) Section 34.

[25] Ibid  s35

[26] Constitution of the Federal Republic of Nigeria 1999 ( as Amended ) section 37

[27] Ibid s40

[28] African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004.

[29] Constitution of the Federal Republic of Nigeria 1999 (As Amended ) section 12(1).