Title: Homosexuality and African Criminal Justice System: Exploring the Current Laws and Enforcement Regimes in Nigeria
Stream: Sexuality, Gender, Families
Presentation Type: Virtual Presentation
Authors:
Bamikole Martins Aduloju, Afe Babalola & Co., Nigeria
Abstract:
The discussions surrounding the position taken by the various legal systems towards the lifestyles, practices and or acts of the homosexuals have gained notoriety and remained topical within and outside the academic space. While some nations have reviewed their criminal laws to decriminalize homosexuality, others have reinforced their justice system against it. Most African nations fall in the latter category, with the most recent example from Nigeria where her 2014 criminal law prescribes 14 years jail terms for the act. Within the academic literature, scholars have generally appraised the African legal stance, and particularly the Nigeria regime, from different perspectives; such as human right, medical laws, international law, legal history etc. However, not many researches have focused on examining the specific provisions of the so-called anti-gay legislations in Africa.
This paper is exploratory in nature. It selects Nigeria as a case study and examines the scope of her laws on the 'crime' of homosexuality. Whilst references were made to other African countries, the paper isolates the Nigerian Same Sex (Prohibition) Act and discusses the legal elements of each provision of the Act and the crimes it establishes. It also investigates the current enforcement mechanisms put in place. Ultimately, by exploring the Nigerian 'anti-gay' laws and other African states as they are, this paper makes accessible to the international community how the regime expect persons of LGBTQ to conduct their lives and businesses within the ambit of the existing laws, even while the debates to review or repeal the laws continue.
Virtual Presentation
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