At the end of August, about 70 young people were arrested in Delta State, southern Nigeria, accused of organizing a gay wedding. Another 76 people were arrested in October for organizing a similar event in Gombe State, in the northeast of the country. These group arrests seem to send a clear message: LGBT people are less welcome than ever in Nigeria, the most populous country (almost 240 million inhabitants) in Africa.
That, of course, is how Francis Ndimele feels. Just a month after the August mass arrest, which made many headlines, he was forced to emigrate from Lagos, where he lived, to the United States. “My parents disinherited me in 2020 after discovering that he was gay. I had the support of an LGBTQI+ group that gave me shelter in Lagos. Despite this, my family continued sending police officers to chase me. They believe that my sexual identity is a shame to the family, especially since they are clergy of an apostolic church. And the Nigerian police use the detention of LGBT+ people to extort money, knowing that the law does not protect us,” the 24-year-old says bitterly.
In 2014, then-Nigerian President Goodluck Ebele Jonathan signed legislation banning same-sex relationships, as well as any public display of same-sex affection or membership in LGBTQ+ groups. The law imposes a sentence of up to 14 years in prison for anyone who “enters into a marriage contract or a civil union between people of the same sex” and sentences of up to 10 for anyone who “registers, manages or participates in homosexual clubs, societies and organizations” or support the activities of these organizations. Nigerian lawyers and human rights activists argue that the draconian law goes against basic universal freedoms, as police often use it to carry out arbitrary arrests and even torture detainees.
My parents think that my sexual identity is a shame to the family.
Francis Ndimele, young Nigerian
Lawyer Chizelu Emejulu, based in Lagos and who defends LGBT people in different states of Nigeria, emphasizes: “It seems that [la ley anti LGTB] “It was approved solely to harass and extort.” It is an instrument of the Government “to suppress democracy,” he adds. Emejulu points out that no one has been convicted in the African country since the homophobic norm came into force, a decade ago, and recalls that all the people who were arrested during the last raid were released on bail, although the court imposed that appeared every month since then. No charges have yet been filed against them.
Nigerian police first applied this law in 2019, when they prosecuted 47 men for showing “gestures of affection” in public, according to human rights organizations such as Human Rights Watchalthough that case was dismissed because the prosecution did not present witnesses at trial.
In January, the United Nations Human Rights Council joined in criticizing the legislation in its Universal Periodic Review, a monitoring mechanism that analyzes the human rights situation in the world every four and a half years. The UN recommends that the Nigerian Government withdraw the anti-homosexuality law, release those detained for their sexual orientation and end the persecution of the LGBT community, according to the organization. Human Rights Watchwhich warns that these types of recommendations have “little or no” real impact on these types of matters.
The humiliation of parades
Added to the latest group arrests in Nigeria, human rights defenders warn, is a humiliating tactic on the part of the police forces: parades media coverage prior to the trial of the detainees. The Nigerian Supreme Court declared in 2022 that this practice violates the Constitution, but, in the case of the arrest last August, the police operation was broadcast live through social networks, as is the case of the majority of arrests for having same-sex relationships.
Lawyer Stephen Okiroro emphasizes that these practices contravene Article 36 of the Nigerian Constitution, which guarantees the presumption of innocence. “He parade The public targeting of suspects by Nigerian security officials was common during the military era, when the repressive military government suspended several human rights laws. Now we have a democratic Government and one of its values is fundamental human rights,” he points out.
Only 22 of Africa's 54 countries allow same-sex relationships. Although in Nigeria the law establishes prison sentences, in 12 of the 36 States of the country where the sharia (Islamic law) the death penalty can be applied to homosexual people or those who contravene traditional norms of behavior. Some local media They reported in November the arrest of eight young people for “immoral clothing.” The accusation: dressing in clothing considered women's clothing. The punishment: three months in prison and 10 lashes. “Transvestism” is in the crosshairs of the federal government, warn organizations such as Human Rights Watch: In April, a legislator introduced a amendment to the law against homosexual marriage that imposes penalties of six months in prison or fines of 500,000 naira (476 euros).
The privilege of fleeing
Those who can escape this suffocating environment. “I had already planned to travel and I had my visa, but I got help from human rights defenders to pay for my flight reservation to the United States, where I now consider myself safe,” explains Francis Ndimele, the young man persecuted by his relatives. “My parents are happy that I am no longer around and that members of their church can no longer make fun of them.” Daniel Orji, who lived in Ogun State (southwest Nigeria), also left the country after being fired from his job. “A colleague saw me in a gay club during my vacation, secretly took photos of me and sent them to the office. They fired me and asked me never to return, under threat of reporting me. I got a job in the UK and moved about six months ago,” he explains. “[En Nigeria] We face all kinds of discrimination from people at work and in all other social encounters. I feel very sorry for those who cannot travel like me. It's really hellish.”
The police arrested me, tortured me, kept me in custody and forced me to confess that I am gay.
Kunle Adeagbo, young Nigerian
Ndimele and Orji were lucky enough to flee the country, but flight is not an option for others. One of them is Kunle Adeagbo, who claims to have been detained and extorted on several occasions. “I live in fear. The law not only allows the police to treat LGBT people inhumanely, but it subjects us to mob violence. I was once injured in the street when I was going to a party. Even so, it
was difficult for me to go to report to the police station because of the stigmatization and discrimination of those who must protect the lives and properties of citizens.” Adeagbo ended up gathering courage and denounced his attackers, but the accusation turned against him. “The police arrested me, tortured me, kept me in custody and forced me to confess that I am gay. They only released me after paying,” he says. “We are not asking for too much, we just want the violence to stop so that human rights defenders and organizations that provide services to LGBT people can freely support us.”
Nigerian police spokesperson Muyiwa Adejobi did not respond to calls or text messages from this newspaper. Nigeria's Ministry of Justice also did not respond to questions.
A law that contravenes the Constitution
Benjamin Abboye, a human rights lawyer, points out that Article 40 of the Nigerian Constitution says that every citizen has the right to freely assemble and associate with others, and in particular may form or belong to any political party, trade union or any other association to the protection of their interests. “So why should the anti-LGBT law punish people for peacefully gathering? Why should the Government look the other way when there is collective violence against them? “He asks himself. The law that Nigeria approved in 2014 “is the most repressive law passed since the return of democracy to the country in 1999,” he adds. Another lawyer, Stephen Okiroro, has a similar opinion: “Freedom of association is a fundamental human right in a functioning democracy, and it is essential that the Government provides space for people to express different opinions and defend their common interests.”
In addition to contravening the Nigerian Constitution, the homophobic norm also contradicts international human rights treaties, such as the African Charter on Human and People's Rights, which guarantees the right to freedom of expression, freedom of association, freedom of assembly and the equality of all people. Likewise, the International Covenant on Civil and Political Rights, to which Nigeria acceded without reservation in 1993, affirms the equality of all people before the law and the right to be free from discrimination.
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