Nigeria's Same Sex Marriage (Prohibition) Act 2013 (SSMPA) criminalises same-sex relationships with up to 14 years imprisonment in southern states. In 12 northern states, Sharia law applies, carrying the death penalty for same-sex conduct. Social attitudes remain deeply hostile, and LGBTQ+ individuals face violence from family, community members, and vigilante groups as well as from state actors including police and the judicial system.
The June 2025 updated Home Office CPIN on sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) in Nigeria confirms that state protection is generally unavailable for LGBTQ+ individuals. Expert witnesses assess whether the appellant's specific profile creates a real risk that goes beyond the general CPIN position, applying the HJ (Iran) [2010] UKSC 31 standard on sexuality and the well-founded fear test under the Refugee Convention 1951.
The EUAA Country Guidance Nigeria 2026, published March 2026, reinforces that internal relocation to Lagos or Abuja is not viable for LGBTQ+ Nigerians where persecution is by the state, because SSMPA enforcement applies nationwide. Expert reports address criminalisation frameworks, enforcement practice, family and community violence, NGO protection availability, and the impossibility of internal protection for this profile.
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| Legal framework | Position | State protection |
|---|---|---|
| SSMPA 2013 (southern states) | Up to 14 years imprisonment for same-sex conduct | Generally unavailable (June 2025 SOGIESC CPIN) |
| Sharia law (12 northern states) | Death penalty for same-sex conduct in applicable states | Not available where Sharia enforced |
| Non-state persecution | Family, community, and vigilante violence | Police often complicit or inactive |
| Internal relocation | Lagos/Abuja proposed in refusals | Not viable where persecution is by the state (EUAA 2026) |
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Frequently Asked Questions
What is the legal position for LGBTQ+ people in Nigeria?
Nigeria's Same Sex Marriage (Prohibition) Act 2013 criminalises same-sex relationships with up to 14 years imprisonment in southern states and death penalty under Sharia law in 12 northern states. The June 2025 updated CPIN on SOGIESC confirms that state protection is generally unavailable for LGBTQ+ individuals in Nigeria. Expert witnesses assess the individual appellant's profile against current country conditions and the HJ (Iran) [2010] standard.
What does the SOGIESC CPIN on Nigeria say?
The June 2025 CPIN on sexual orientation, gender identity and expression, and sex characteristics in Nigeria confirms that LGBTQ+ individuals face serious risk from both state actors (police, judicial system) and non-state actors (family, community, vigilante groups). Expert witnesses provide independent analysis of whether the appellant's specific profile creates a real risk that goes beyond the general CPIN position.