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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:[7]

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.[8]:page: 69

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.[8]:page: 126

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".[8]: page: 127 The punishment under Section 408 is a maximum of two years' imprisonment or a fine, or both.[8]: page: 128

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, and Zamfara. The Shari'a criminal laws apply to those who voluntarily consent to the jurisdiction of the Shari'a courts and to all Muslims.[8]: page: 45

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".[8]:page: 69

Punishment for offence of sodomy:
In the states of Gombe, Jigawa, Zamfara, and Kano, an unmarried person who commits the offence of sodomy shall be punished with "caning of one hundred lashes" and imprisonment for the length of one year. If married, the punishment for committing sodomy is execution by stoning (rajm). In Kano, death by stoning also applies if one has previously been married.[9]: 70

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.[8]: page: 70

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). [8]: page: 70

In the state of Sokoto, a person who commits the offence of sodomy shall be punished with stoning to death. If a minor commits the act on an adult, the minor faces correctional punishment and the adult faces punishment by way of ta'azir which may extend to 100 lashes.[9]: 70 In Sokoto, ta'azir means a discretionary punishment for offence whose punishment is not specified.[8]: page: 53

Meaning of lesbianism:
In the states of Bauchi, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto, Yobe, and Zamfara, lesbianism is committed by "[w]hoever, being a woman, engages another woman in carnal intercourse through her sexual organ or by means of stimulation or sexual excitement of one another. "Bauchi, Jigawa, Katsina, Kebbi, Sokoto, Yobe and Zamfara states include the following official explanation: "the offence is committed by the unnatural fusion of the female sexual organs and/or by the use of natural or artificial means to stimulate or attain sexual satisfaction or excitement."[8]: page: 71

Punishment for offence of lesbianism:
In the states of Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara, and Bauchi, a person who is found guilty of committing this offence will be subject to punishment by caning which could last up to fifty lashings. Additionally, any persons convicted of committing lesbianism face imprisonment lasting up to six months, except for in Bauchi, where imprisonment may last up to five years.[8]: page: 71

In the state of Kaduna, the punishment for committing the offence of lesbianism is ta'azir, which means "any punishment not provided for by way of hadd or qisas".[8]: page: 53 "Hadd" means "punishment that is fixed by Islamic law".[8]: page: 54 "Qisas" includes "punishments inflicted upon offenders by way of retaliation for causing death/injuries to a person".[8]: page: 54

In the states of Kano and Katsina, the punishment for committing the offence of lesbianism is stoning to death.[8]: page: 71

Meaning of gross indecency:
In the state of Kaduna, a person commits an act of gross indecency if they expose themselves naked in public or perform other related acts of similar nature that are capable of corrupting public morals.

In the states of Kano and Katsina, the definition of gross indecency is the same as the state of Kaduna, however, the law includes kissing in public.
In the state of Gombe, a person commits an act of gross indecency by committing "any sexual offence against the normal or usual standards of behaviour".

The states of Bauchi, Jigawa, Kebbi, Sokoto, Yobe, and Zamfara do not define gross indecency. Their laws instead say: "Whoever commits an act of gross indecency upon the person of another without his consent or by the use of force or threat compels a person to join with him in the commission of such act shall be punished".[8]: page: 71

Punishment for offence of gross indecency:
A person who commits the offence of gross indecency "shall be punished with caning which may extend to forty lashes and may be liable to imprisonment for a term not exceeding one year and may also be liable to fine". In the state of Bauchi, imprisonment may last for a term of up to seven years.

In the state of Kaduna, the punishment for committing the offence of gross indecency is ta'azir, which means "any punishment not provided for by way of hadd or qisas".[8]: page: 53 "Hadd" means "punishment that is fixed by Islamic law".[8]: page: 54 "Qisas" includes "punishments inflicted upon offenders by way of retaliation for causing death/injuries to a person".[8]: page: 54

In the state of Sokoto, a person who commits the offence of gross indecency "shall be punished with caning which may extend to forty lashes or may be liable to imprisonment for a term not exceeding one year, or both, and may also be liable to fine".[8]: page: 71

Meanings of vagabond and incorrigible vagabond:
In the states of Bauchi, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto, Yobe, and Zamfara, a male is deemed a vagabond should they dress in the fashion of a woman in a public place or who practices sodomy as a means of work or profession.[8]: page: 127

In the states of Kano and Katsina, they describe a female as a vagabond as a female who wears male clothes or is attired like a man in a public place. [8]: page: 127

In the states of Bauchi, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto, Yobe, and Zamfara, an "incorrigible vagabond" is any person who behaves as a vagabond again after already being convicted as one.[8]: page: 127

Punishment for being a vagabond or incorrigible vagabond:
In the states of Bauchi, Gombe, Jigawa, Katsina, Kebbi, Sokoto, Yobe, and Zamfara, a person convicted as being a vagabond faces imprisonment lasting up to one year and caning extending up to thirty lashes. In the state of Kano, imprisonment may not exceed eight months and caning may extend to thirty-five lashes.[8]: page: 127

In the state of Kaduna, the punishment for being convicted as a vagabond or as an incorrigible vagabond is ta'azir,[8]: page: 127, 129 which means "any punishment not provided for by way of hadd or qisas".[8]: page: 53 "Hadd" means "punishment that is fixed by Islamic law".[8]: page: 54 "Qisas" includes "punishments inflicted upon offenders by way of retaliation for causing death/injuries to a person".[8]: page: 54

In the states of Gombe, Jigawa, Katsina, Kebbi, Sokoto, Yobe, and Zamfara, a person convicted as being an incorrigible vagabond faces imprisonment lasting up to two years and caning extending up to fifty lashes.[8]: page: 128 In the state of Bauchi, caning may not exceed forty lashes, and in the state of Kano, imprisonment may not exceed one year.[8]: page: 129

Secular criminal law enacted by certain northern states - Same-sex sexual activities;r> In the state of Bormo, a person who "engages in ... lesbianism, homosexual act ... in the State commits an offence". A person who "engages in sexual intercourse with another person of the same gender shall upon conviction be punished with death".[9]: pages: 199-00

Males imitating the behavioural attitudes of women:
In the state of Kano, a person who "being a male gender who acts, behaves or dresses in a manner which imitate the behavioural attitude of women shall be guilty of an offence and upon conviction, be sentenced to 1 year imprisonment or a fine of N10,000 or both".[9]: page: 202

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3 Comments

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