A court in Nigeria has dismissed charges against 47 gay after the prosecution failed to show up at court.

The men had been charged with same-sex public displays of affection – they were arrested in Lagos in 2018 when attending a birthday party at a hotel.

The trial had been repeatedly adjourned as prosecutors failed to present any witnesses.

The trial had been a seen as a test of the Same Sex Marriage (Prohibition) Act, which came into effect 2015. This legislation criminalised same-sex relationships, sexual acts, public displays of affection, and participation in LGBTQ organisations. Punishments included prison for up to 14 years.

While they are no longer being prosecuted, media coverage surrounding the case has been particularly damaging for the men involved.

What’s life like for LGBTQ people in Nigeria?

What’s life like for LGBTQ people in Nigeria? Let’s take a look at some of the key equality indicators.

Is homosexuality legal in Nigeria?

No. Same-sex sexual activity is explicitly criminalised.

If convicted, the punishment can be up to 14 years in prison. There are a number of states that impose Sharia law – the penalty in these states is death.

Are there anti-discrimination protections in place for LGBTQ people in Nigeria?

There are no protections in place against discrimination on the grounds of sexuality.

Is there Marriage Equality in Nigeria?

There is no legal recognition of same-sex relationships, and legislation has been passed specifically prohibiting same-sex relationships and any suggestion of same-sex marriage.

What’s life like for LGBTQ people in Nigeria?

Nigeria is a socially conservative country, split between the Muslim north and the Christian south. Religion plays a significant role in shaping public opinion and attitudes.

Homophobia is systemic, and LGBTQ people are actively targeted for state-sanctioned harassment, arrest, and persecution.

The major political parties are overtly hostile to LGBTQ people.

Nigeria is widely recognised as one of the world’s most homophobic and aggressively anti-gay countries in the world.

How does the current unrest in Nigeria impact LGBTQ people?

The situation in Nigeria is very uncertain. In Lagos, the country’s main city, there are major protests against the government and violent oppression by the security forces.

One of the main points of contention has been the human rights abuses alleged to have been perpetrated by the arm of the security forces known as SARS – Special Anti-Robbery Squad.

Founded in 1992 in response to rising crime rates, SARS uses undercover operatives to randomly stop, search, and detain suspected criminals. SARS became deeply unpopular in the country due to accusations of widespread and systemic corruption and criminality within its ranks, combined with zero accountability.

LGBTQ Nigerians have been deliberately targeted for abuse by SARS, including theft and assault.

The Nigerian government has indicated that it will disband SARS, but there is a lack of trust in the government that they will be able to reform the security services.

In periods of unrest and uncertainty, it is generally the most marginalised people that suffer the most. The disbanding of SARS is potentially good news for LGBTQ people in Nigeria, but systemic homophobia remains entrenched.

Comments