Legal Framework: SSMPA and Sharia Law
Nigeria's Same Sex Marriage (Prohibition) Act 2013 criminalises same-sex relationships with up to 14 years imprisonment. In 12 northern states, Sharia law applies with the death penalty for same-sex conduct. Expert reports must address both the statutory framework and enforcement practice.
The June 2025 updated SOGIESC CPIN confirms that state protection is generally unavailable for LGBTQ+ individuals in Nigeria, with risk from both state and non-state actors.
The HJ (Iran) Standard
The HJ (Iran) [2010] UKSC 31 standard requires tribunals to accept the claimant's sexuality unless there is good reason to reject it. Expert witnesses do not determine sexuality but provide country conditions evidence on risk, enforcement, and protection.
Reports should address whether the appellant's profile (visibility, family knowledge, prior incidents) creates a real risk beyond the general CPIN position.
State Protection Analysis
The August 2024 actors of protection CPIN confirms limited state protection for LGBTQ+ individuals. Police actively participate in persecution in many areas. NGO protection is limited and may itself attract attention.
Expert reports must address both formal protection mechanisms and their practical effectiveness for the specific appellant.
Internal Relocation Impossibility
Internal relocation to Lagos or Abuja is not viable for LGBTQ+ Nigerians. The EUAA 2026 country guidance confirms that where persecution is by the state, internal protection is not available because SSMPA enforcement applies nationwide.
Expert reports should address this directly and cite the EUAA 2026 guidance and June 2025 SOGIESC CPIN.