Nigeria

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  1. Nigeria, officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja.

     

    Capital: Abuja
    Currency: Nigerian naira
    President: Goodluck Jonathan
    Population: 173.6 million (2013)
    Official language: English
    Points of interest: Yankari National Park, More

    LAWS

    Federal Criminal Code in all southern states

    Sex acts between men are illegal under the Criminal Code that applies to southern Nigeria and carry a maximum penalty of 14 years’ imprisonment. Sex acts between women are not mentioned specifically in the code, although it is arguable that the gender-neutral term “person” in Section 214 of the code includes women. Chapter 21 of that code provides in pertinent part as follows:

     

     

     

  2. Section 214.

    Any person who –

    (a) has carnal knowledge of any person against the order of nature; or

    (c) 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.

    Section 215.

    Any person who attempts to commit any of the offences defined in the last preceding section is guilty of a felony and is liable to imprisonment for seven years. The offender cannot be arrested without a warrant.

    Section 217.

    Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for three years. The offender cannot be arrested without a warrant.

    Federal Penal Code in all northern states

    Section 284 of the Penal Code (Northern States) Federal Provisions Act, which applies to all states in northern Nigeria, provides that:

    Whoever has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.

    Section 405 provides that a male person who dresses or is attired in the fashion of a woman in a public place or who practises sodomy as a means of livelihood or as a profession is a “vagabond”. Under Section 407, the punishment is a maximum of one year’s imprisonment or a fine, or both.

    Section 405 also provides that an “incorrigible vagabond” is “any person who after being convicted as a vagabond commits any of the offences which will render him liable to be convicted as such again”.The punishment under Section 408 is a maximum of two years’ imprisonment or a fine, or both.

    Shari’a law enacted by certain northern states

    Twelve northern states have adopted some form of Shari’a into their criminal statutes: Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, andZamfara. The Shari’a criminal laws apply to those who voluntarily consent to the jurisdiction of the Shari’a courts and to all Muslims.

    Meaning of sodomy

    In the states of Kaduna and Yobe, “sodomy” is committed by “[w]hoever has anal coitus with any man”.

    In the states of Kano and Katsina, “sodomy” is committed by “[w]hoever has carnal intercourse against the order of nature with any man or woman through her rectum”.

    In the states of Bauchi, Gombe, Jigawa, Sokoto, and Zamfara, “sodomy” is committed by “[w]hoever has carnal intercourse against the order of nature with any man or woman”.

    Punishment for offense of sodomy

    In the states of Gombe, Jigawa, and Zamfara, a person who commits the offence of sodomy shall be punished:

    (a) with caning of one hundred lashes if unmarried, and shall also be liable to imprisonment for the term of one year; or

    (b) if married with stoning to death

    In the state of Kano, a person who commits the offence of sodomy shall be punished:

    (a) with caning of one hundred lashes if unmarried, and shall also be liable to imprisonment for the term of one year; or

    (b) if married or has been previously married with stoning to death (rajm).

    In the state of Bauchi, a person who commits the offence of sodomy “shall be punished with stoning to death (rajm) or by any other means decided by the state”.

    In the states of Kaduna, Katsina, Kebbi, and Yobe, a person who commits the offence of sodomy “shall be punished with stoning to death (rajm)”.

    In the state of Sokoto, a person who commits the offence of sodomy shall be punished:

    (a) with stoning to death;

    (b) if the act is committed by a minor on an adult person the adult person shall be punished by way of ta’azir which may extend to 100 lashes and minor with correctional punishment.

    In Sokoto, “ta’azir” means “a discretionary punishment for offence whose punishment is not specified”

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