Overview
Nigeria’s HIV and AIDS (Anti-Discrimination) Act 2014 does not contain any criminalising provisions, only provisions prohibiting discrimination against people living with HIV.
However individual states in Nigeria are able to enact their own criminal legislation. In February 2021, the Jigawa State House of Assembly adopted a new ‘Violence Against Persons Prohibition Law’ which introduced a range of severe penalties for sexual offences. The law, which was adopted unanimously by the House, stipulates a life sentence for rape, and the death penalty for cases of rape which result in HIV transmission. Lagos state has a law making it an offence to ‘wilfully or knowingly’ endanger another person by infecting them with HIV. The offence carries a penalty of N200,000 and/or imprisonment of up to 10 years. The law does not require transmission and does not allow consent as a defence.
There have been two known HIV criminalisation cases in Nigeria. The first occurred in Lagos, where media reported the arrest of a foreign national (2016) for allegedly “having sex with girls .. and infecting them with HIV”. It’s alleged the man knew he was HIV –positive but he did not disclose. It is unclear whether the term ‘girls’ refers to minors. No more is known about the case.
A 2017 case involves a sex worker who was pursued by police. Media reports stating she “may have infected 500 men” suggest the case has not been investigated or reported with care.
In November 2023, the President of the Christian Council of Nigeria proposed the federal government to introduce a new law which would criminalise stigmatisation of people living with HIV.
More information is available on the following states
Further resources
This legal environment assessment was designed to identify important legal and human rights issues affecting people living with HIV and those at higher risk of HIV infection e.g. Men who have Sex with Men (MSM), Female Sex Workers (FSWs) and Injecting Drug Users (IDUs). It also took a brief look at the issues of vulnerable groups like young people and women living with disabilities. It sought to identify and review laws and policies that have implications for responding to HIV either by individuals or organisations in Nigeria and determine the extent to which the current legal and policy framework protects rights and/or acts as a barrier to access to HIV-related services.
HIV Justice Network's Positive Destinations
Visit the Nigeria page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.
