Legal and societal attitude

(Junior Black Axe); Debam; Dewell; Icelanders; Red Skins; Pirates; Amorc; Akwa Marines; and Utoto Groups’ and a number of ‘cults, groups, or societies in the secondary and primary schools in Akwa Ibom State.’⁹⁹⁷

There are several reports (at times massive) on arrests of cult members by police.⁹⁹⁸ An interlocutor interviewed by IRB noted that ‘cult members have been arrested or expelled from universities for carrying out "violent and criminal activities".’ He, however, ‘also noted that "[p]olice can make arrests but in some cases, corruption, witness intimidation and lack of evidence causes the case to be dropped."⁹⁹⁹

The 2017 EASO COI Country Focus report notes that ‘universities are presently acting stronger against students cults, requiring students to pledge against joining or participating cults and expelling cult members, while some universities and local municipalities even call on religious leaders to lead mass prayer and exorcism sessions.’¹⁰⁰⁰

3.11.2 Persons refusing to join cults

There are media reports mentioning forced recruitment (or strong peer pressure) by cults.¹⁰⁰¹ It is not known what happens to a person who continues to refuse to join a cult, despite the strong peer pressure.

No additional information could be found in the sources consulted on human rights violations, state protection, possibility to relocate or means to redress for persons refusing to join cults or confraternities.

The SSMPA is not the first law criminalizing same-sex acts. Already the Criminal Code of 1916 (Chapter 21, Offences against Morality) criminalises same-sex acts in Nigeria. Under Article 21-214, the law states: ‘Any person who 1) has carnal knowledge of any person against the order of nature; 2) has carnal knowledge of an animal; or 3) permits a male person to have carnal knowledge of him or her against the order of nature; is guilty of a felony, and is liable to imprisonment for fourteen years.’

Under Article 21-215, any person who attempts to commit the above mentioned offences can be punished by 7 years imprisonment. Nigeria also punishes men for engaging in ‘gross indecency’ with another man under Article 21-217, both in public or in private, which is liable to 3 years imprisonment.¹⁰⁰³

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) provides an overview of the sharia laws in twelve northern states criminalising same-sex activities:

‘Note that several Northern Nigerian states have adopted Islamic Sharia laws, criminalising sexual activities between persons of the same sex. The maximum penalty for such acts between men is death penalty, while the maximum penalty for such acts between women is a whipping and/or imprisonment […] The states which have adopted such laws are: Bauchi (the year 2001), Borno (2000), Gombe (2001), Jigawa (2000), Kaduna (2001), Kano (2000), Katsina (2000), Kebbi (2000), Niger (2000), Sokoto (2000), Yobe (2001) and Zamfara (2000).’¹⁰⁰⁴

3.12.1.2 Practice

According to Human Rights Watch, ‘The passage of the Same Sex Marriage (Prohibition) Act (SSMPA) in January 2014 effectively authorized abuses against the lesbian, gay, bisexual, and transgender (LGBT) community in 2017. The law has undermined freedom of expression for members of the LGBT community, human rights organizations, and others.’¹⁰⁰⁵

Human Rights Watch in its 2016 report, based on interviews with LGBT persons, notes that there is no evidence that individuals were persecuted or punished based on the SSMPA. Yet, the law has far-reaching consequences. The heated debate in society and the increased media attention have made sexual orientation more visible and LGBT persons more vulnerable. ¹⁰⁰⁶ Human Rights Watch cites interlocutors saying that ‘the one common misconception since the passage of the SSMPA is that homosexual identity is now a criminal offence, that members of the public have a duty to report any person they know or suspect to be homosexual, and that failure to do so is also a crime.’ The organisation adds that even before the introduction of the law, arrests and human rights violations occurred, but it notes a considerable increase of (mob) violence and extortion by police and society.

‘The law has created opportunities for people to engage in homophobic violence without fear of legal consequences, contributing significantly to a climate of impunity for crimes against LGBT people.’¹⁰⁰⁷ Interlocutors note that the police make use of the SSMPA as a tool to humiliate and extort alleged LGBT people, by arbitrary arrests, torture, and ‘parading’ the arrested persons, often stripped naked, to the public and media. The only way to prevent imprisonment and court cases (risking 14 years imprisonment) is to pay a bail out, or rather, as the Human Rights Watch interlocutors said, ‘bribe the police’. Police have also raided offices of organisations working on human rights, LGBT and Human immunodeficiency virus (HIV)-education.¹⁰⁰⁸

1003 Nigeria, Criminal Code Act [Amended Version of 1990], 1 June 1916, url

1004 ILGA, State-Sponsored Homophobia 2017, May 2017, url

1005 HRW, World Report 2018, events of 2017 – Nigeria, 18 January 2018, url

1006 HRW, “Tell Me Where I Can Be Safe”, 20 October 2016, url, pp. 1-3

1007 HRW, “Tell Me Where I Can Be Safe”, 20 October 2016, url, pp. 16, 23, 59-60

1008 HRW, “Tell Me Where I Can Be Safe”, 20 October 2016, url, pp. 33-47

3.12.1.3 Societal attitude

According to a poll¹⁰⁰⁹ commissioned by the Initiative for Equal Rights (TIERs), a non-profit organisation working to protect the rights of sexual minorities, the acceptance rate of Lesbians, Gays and Bisexuals (LGB) by family members is slightly rising, from 11 % in 2015 to 13 % in 2017. At the same time the criminalisation of same-sex relationships is supported by 90 % of the Nigerians interviewed for the poll, which is a 4 % increase since 2015. Of the respondents, 39 % (9 % more than in 2015) thought that LGBT people should be allowed equal access to public services such as healthcare, education and housing. On the question if they know someone who is lesbian, gay or bisexual - a family member, friend, or someone within their locality - 17 % of respondents responded positively. On the other hand, the percentage of Nigerians who believe that the country would be a better place without LGBT people remained at 90 %.¹⁰¹⁰

The main religions in Nigeria, Christianity and Islam, are both opposed to same-sex relations and activities. Religious leaders preach vehemently against homosexuality and the Islamic Hisbah police actively pursues alleged LGBT persons. In particular the growing evangelical Christian movements are spreading hatred and intolerance towards LGBT persons.¹⁰¹¹

The only gay-friendly church in Nigeria is the House of Rainbow, originally founded by a pastor, Rev. Macaulay, who was forced to flee Nigeria after he was outed in the media.¹⁰¹²

Rather than emphasising human rights violations and hate crimes, TIERs focuses on progress, such as the slight increase of tolerance and acceptance of LGBT people, as was indicated from the poll. Also, the increased visibility of the LGBT culture in Nigeria (film shows and photo exhibitions) is ‘a sign that attitudes are changing’.¹⁰¹³ The ‘millennial generation is reportedly more tolerant towards LGBT persons.¹⁰¹⁴ On 12 September 2017, TIERs organised the first-ever conference on diversity, inclusivity and equality in Nigeria, in partnership with the University of Lagos.¹⁰¹⁵

The website Erasing 76 Crimes, focusing ‘on the human toll of 76+ countries’ anti-LGBT laws and the struggle to repeal them’, also concludes: ‘Anti-LGBT violence and harassment remain severe problems, but Nigerian society is slowly becoming less scared and less hateful toward LGBT people.’¹⁰¹⁶

However, from the interviews in the Human Rights Watch report, it becomes clear that LGBT persons feel pressed to self-censorship, concealing their sexual orientation or gender identity and adapting to the societal norms.In particular lesbian and bisexual women often are under heavy pressure to marry and start a family, and also feel obliged to adapt their clothing and presence to ‘societal norms’.¹⁰¹⁷ A specific stereotype that bisexuals often experience is the societal belief in Nigeria that bisexuality does not exist and ‘a person must be either homosexual or heterosexual’. The concept of bisexuality as a sexual orientation label is very recent, although the practice is not. According to the Executive Directors of TIERs and Women’s Health and Equal Rights Initiative (WHER), interviewed by the

1009 TIERs/NOIPolls, Social perception survey on lesbian, gay and bisexual rights, January 2017, url

1010 TIERs/NOIPolls, Social perception survey on lesbian, gay and bisexual rights, January 2017, url; Reuters, LGBT acceptance slowly grows in Nigeria, despite anti-gay laws, 17 May 2017, url

1011 Canada, IRB (Immigration and Refugee Board), Nigeria: Information on how bisexuality is understood and perceived in Nigeria; whether bisexuality is distinguished from both male and female homosexuality (2014-June 2015) NGA105219.E, 9 September 2015, url; see also Pulse.ng, Nigeria's millenials are not as homophobic as their parents are, 12 December 2017, url

1012 Guardian (The), House of Rainbow: the new pink line dividing the world, 3 March 2018, url

1013 Reuters, LGBT acceptance slowly grows in Nigeria, despite anti-gay laws, 17 May 2017, url

1014 Pulse.ng, Nigeria's millenials are not as homophobic as their parents are, 12 December 2017, url

1015 Erasing 76 crimes, First-ever Nigerian conference on LGBT issues to start tomorrow, 11 September 2017, url

1016 Erasing 76 crimes, 11 glimmers of hope for LGBT rights in 2017, 26 December 2017, url

1017 HRW, “Tell Me Where I Can Be Safe”, 20 October 2016, url, pp. 42-53; Canada, IRB, Nigeria: Information on how bisexuality is understood and perceived in Nigeria (2014-June 2015) NGA105219.E, 9 September 2015, url

Canadian IRB, ‘some LGBT people enter heterosexual relationships to "cover" for same-sex relationships; and some bisexuals marry members of the opposite sex due to societal pressures to marry and have children as well as due to stigma, homophobia, and in order to avoid suspicion of having a non-heterosexual orientation.’¹⁰¹⁸