Impact of colonialism and religion on LGBT rights in Nigeria

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Nigeria is a country with a long history of homophobia.^{[citation needed]} Same-sex sexual activity is illegal in Nigeria, and those convicted of the offense can face up to 14 years in prison.^[1] The law criminalizing homosexuality is based on a British colonial-era law that was introduced to Nigeria in the 19th century.^[2] This law has been repeatedly upheld by Nigerian courts.

Colonialism introduced Western values and laws that often clashed with traditional Nigerian cultures, shaping a complex landscape for human rights.^[3] Additionally, religion has played a significant role in shaping societal attitudes, often leading to discrimination and legal barriers for LGBTQ individuals.^[4]

Colonialism has had a significant impact on LGBTQ laws in Nigeria. Prior to colonization, there was no single law criminalizing same-sex sexual activity in Nigeria.^[5] However, there were some cultural taboos against same-sex relationships in some parts of the country. The British colonial government introduced a number of laws that criminalized same-sex sexual activity. These laws were based on the British criminal code,^[6] which had been influenced by Victorian morality.^[7] The most notable of these laws was the Criminal Code Act of 1916, which made it a crime for "any person who has carnal knowledge of any person against the order of nature".^[8]

These laws were continued after Nigeria gained independence in 1960. In recent years there have been some calls and protests calling for the repealing of these laws, but they remain in place.

In addition to the laws that were introduced by the British colonial government, there are also a number of cultural and religious factors that contribute to the stigmatization of LGBTQ people in Nigeria. Religion plays a significant role in the attitude towards LGBTQ rights in Nigeria. The two major religions in Nigeria; Islam and Christianity both teach that same-sex sexual activity is a sin.

In Islam, same-sex sexual activity is considered to be a form of liwat, which is prohibited in the Quran. The punishment for liwat is death, although this is rarely carried out in Nigeria, except in the Northern part of Nigeria where some states have adopted Sharia law.

In Christianity, same-sex sexual activity is also considered to be a sin. The Bible teaches that marriage is between one man and one woman, and that same-sex sexual activity is a violation of this.

Religion holds profound importance in Nigeria, serving as a cornerstone of cultural identity, societal values, and moral frameworks. The country is characterized by a rich tapestry of religious diversity, with Islam and Christianity being the predominant faiths, and a multitude of indigenous belief systems also contributing to the spiritual landscape. In Nigeria,^[9] religion is not only a source of personal faith but also a vital aspect of communal life, influencing social norms, governance structures, and even political dynamics. Religious practices and rituals are deeply embedded in various aspects of Nigerian society, fostering a sense of belonging and shared purpose. Additionally, religious institutions often play crucial roles in education, healthcare, and social welfare, providing a comprehensive framework for community development. Despite occasional tensions arising from religious diversity, the overarching impact of religion in Nigeria is a testament to its centrality in shaping the nation's cultural and social fabric.

Religion exerts a profound influence on the experiences of the LGBT community in Nigeria,^[10] where a diverse religious landscape, consisting predominantly of Islam and Christianity, intersects with societal attitudes. The intertwining of conservative interpretations of religious doctrines with cultural norms has created a challenging environment for LGBT individuals. Both Islam and Christianity, which hold significant sway in the country, often adhere to traditional views on sexuality and gender roles. This has led to the stigmatization and discrimination of the LGBT community, reflecting a broader societal struggle for acceptance. The clash between religious teachings and the pursuit of inclusivity and equal rights underscores the complex dynamics at play. Recognizing the significance of this interplay is essential for understanding the multifaceted challenges faced by the Nigerian LGBT community as it strives for recognition and respect in the face of deeply ingrained religious and cultural influences.

Same-sex marriage is prohibited by law in Nigeria, carrying a penalty of up to 14 years of imprisonment. Furthermore, individuals or organizations supporting the rights of LGBTI individuals can face a 10-year sentence under this legislation. This has led to a stifling silence on the subject. Colonial-era laws still affecting LGBTQ rights in Nigeria.^[11]

• Section 214 of the penal code: This law criminalizes "carnal knowledge against the order of nature". which is interpreted to include same-sex sexual activity.^[12]
• Section 217 of the criminal code: This law criminalizes "gross indecency"' which is also interpreted to include same-sex sexual activity.^[13]

In 2014, a mob of men attacked over a dozen gay men in Abuja.^[14] In 2016, a transgender woman was murdered in Abuja.^[15]

The Nigeria Police Force established in the 18th century in Nigeria during the British colonial era has been labeled as corrupt and repressive.^[16] There are reports of police officers profiling people whom they deem as gay leading to arrests, assaults, and extortion.^[17]

Queer protesters joined the #EndSARS^{[broken anchor]} protests around the country to raise awareness of the specific violence queer folks face at the hands of the Nigerian Police.^[18] The Queer protesters however faced harassment and violence from the police and from other protesters.

The scheme known in Nigeria's gay community as "kito" is an entrapment scheme that results in kidnappings, torture, extortion, and even the death of gay men on the assumption of their sexual orientation.^[19] It is a form of homophobic violence that is often used to control and intimidate gay men.^[20]

• LGBT rights in Nigeria