Is Homosexuality Illegal in Nigeria? Laws, Penalties, and Enforcement

Yes, homosexuality is illegal in Nigeria. Three overlapping legal systems criminalize same-sex conduct, relationships, and LGBTQ organizations across the country: a 2014 federal statute, colonial-era criminal codes in the south, and Sharia criminal law in 12 northern states. Penalties range from 10 years in prison for belonging to a gay organization to death by stoning for men convicted of sodomy under Sharia.¹ The laws apply to Nigerian citizens and foreign visitors alike.

The Three Laws That Criminalize Being Gay in Nigeria

Nigeria does not have a single anti-homosexuality statute. Which law applies depends on where someone is in the country and, in the north, their religion.

The Same-Sex Marriage (Prohibition) Act

Signed into law on January 7, 2014, the Same-Sex Marriage (Prohibition) Act applies in all 36 states. It does far more than ban marriage. The statute voids any same-sex marriage or civil union performed in Nigeria, declares foreign same-sex marriages legally meaningless inside Nigeria, and criminalizes the registration or operation of gay clubs, societies, and organizations, along with any public display of a same-sex romantic relationship.² The law never defines what counts as a “gay club” or “organization,” which gives police wide latitude to arrest people at social gatherings, advocacy meetings, and even HIV outreach events.

The penalties are prison-only, with no option for a fine:

Entering a same-sex marriage or civil union: 14 years in prison.
Registering, operating, or participating in a gay organization, or publicly displaying a same-sex relationship: 10 years in prison.
Witnessing, aiding, or supporting a same-sex marriage ceremony, or supporting LGBTQ organizations: 10 years in prison.²

The Criminal Code in Southern Nigeria

In the southern states, Chapter 21 of the Criminal Code Act, inherited from British colonial rule, punishes same-sex sexual conduct:

Section 214 makes sexual intercourse “against the order of nature” a felony punishable by up to 14 years in prison.³
Section 215 punishes an attempt to commit a Section 214 offense with up to seven years.³
Section 217 criminalizes any act of “gross indecency” between males, in public or private, with up to three years.³

Section 217 explicitly names males only, and Section 214 is generally interpreted as applying to men. Sexual conduct between women is not directly criminalized by the southern Criminal Code. That gap is narrower than it sounds, because the Same-Sex Marriage Prohibition Act is gender-neutral and police use its broad language to arrest women for relationships, gatherings, and public affection.

The Penal Code and Sharia Law in the North

Northern states operate under two parallel tracks. Section 284 of the secular Penal Code criminalizes sexual intercourse “against the order of nature” between any two people, punishable by up to 14 years in prison and a fine.⁴ Unlike the southern Criminal Code, it applies regardless of gender.

Twelve northern states also run Sharia courts that try Muslim defendants under Islamic criminal law.⁵ For men convicted of sodomy, the maximum sentence in all 12 states is death. Penalties for women convicted of lesbianism range from death to flogging and imprisonment, depending on the state.¹ Kano State’s penal code, for example, defines lesbianism specifically and punishes it with 14 years in prison and a fine of 50,000 naira.

Can Foreign Same-Sex Marriages Be Prosecuted?

The SSMPA voids same-sex marriages performed abroad for all purposes inside Nigeria. Legal scholars have argued that the policy behind the act is specifically to stop Nigerians from traveling abroad to evade the domestic ban, and that its provisions apply to all Nigerian nationals regardless of where they live. No reported prosecution for a foreign marriage has surfaced, but the legal architecture allows for it. The conservative reading is that returning to Nigeria after a same-sex marriage overseas carries real criminal risk.

How the Laws Are Enforced

These statutes are not just symbolic. Enforcement happens through formal prosecution, police extortion, and mob violence that authorities largely tolerate.

Police Arrests and Extortion

Law enforcement officers routinely use anti-homosexuality laws as a tool for shaking people down. A U.S. Department of Justice review of country conditions documented cases where police arbitrarily arrested people perceived to be LGBTQ based on information taken from their phones or on circumstantial evidence, then demanded large payments for release. Victims who try to report violence against them frequently end up arrested and prosecuted themselves. Some officers participate directly in vigilante groups that lure real or perceived LGBTQ individuals into isolated locations to rob, sexually assault, or blackmail them.⁶

Mass Arrests by Sharia Police

Coordinated raids are common in the north. In late 2025, Hisbah, the Sharia police force in Kano, arrested 25 people, including 18 men and 7 women in their early twenties, at a gathering they characterized as an illegal same-sex wedding. Authorities announced an investigation and sought prosecutions. Arrests like this often come with media coverage designed to humiliate the accused.

Mob Violence

Beyond state action, suspected LGBTQ individuals face severe extrajudicial violence. Mob attacks, sometimes called “jungle justice,” target people based on perceived sexual orientation or gender nonconformity. Victims have been beaten, stoned, and burned in public. Police rarely investigate these killings or prosecute anyone involved.

Death Sentences and the Appeal Process

Sharia courts have imposed death sentences for same-sex conduct in recent years. In 2022, a Sharia court in Bauchi State sentenced three men to death by stoning. They had no legal representation during trial and were made to plead guilty. Their sentences were stayed pending appeal, which required filing within 30 days.⁵

As of the most recent reporting, no execution for homosexuality has been carried out under the current Sharia system, though courts continue to impose such sentences. Any defendant convicted in a Sharia court can appeal to the civil (secular) court system, and a death sentence cannot be carried out without the state governor’s approval. Convictions obtained without legal representation offer a plausible constitutional challenge, since the right to counsel is guaranteed, but filing an appeal takes resources and legal knowledge most defendants arrested in sweeps do not have.⁵ No appellate court has struck down the SSMPA or declared any state’s Sharia penal code unconstitutional as applied to homosexuality.

Risks for Foreign Nationals

Nigeria’s anti-homosexuality laws apply based on conduct inside Nigerian territory, not the nationality of the person involved. A foreign visitor who engages in same-sex conduct, attends an LGBTQ gathering, or publicly displays a same-sex relationship faces the same criminal penalties as a Nigerian citizen. The SSMPA likewise makes no distinction between citizens and noncitizens for its bans on organizations and public displays.

Several governments, including the United Kingdom, have issued specific warnings about the legal risks LGBTQ travelers face in Nigeria.¹ Beyond formal prosecution, police extortion targeting perceived LGBTQ individuals does not depend on citizenship, and foreign nationals may be more exposed because they lack local networks and legal knowledge. There is no part of Nigeria where it is safe to be openly LGBTQ.

1
GOV.UK. Country Policy and Information Note: Sexual Orientation, Gender Identity and Expression, and Sex Characteristics, Nigeria, June 2025
2
Laws of Nigeria. Same Sex Marriage (Prohibition) Act, 2014
3
Laws of Nigeria. Criminal Code Act – The Complete 2004 Laws of Nigeria
4
Jigawa State Ministry of Justice. Penal Code Law
5
United States Department of State. 2022 Report on International Religious Freedom: Nigeria
6
U.S. Department of Justice. Nigeria: Anti-LGBTQ Vigilante Groups