Police reacts to crossdressing in Nigeria

Olumuyiwa Adejobi, the Force Public Relations Officer, said that dressing in clothing typically associated with the opposite gender is not considered illegal in Nigeria.

He emphasised that individuals who engage in cross-dressing cannot be apprehended unless there is substantial evidence linking them to criminal activities.

Adejobi made these remarks during an interview on Channels TV's flagship programme, Politics Today, on Tuesday, April 2.

The police spokesperson said, "There are some cases that are always very difficult to prove. Fine I'm not ruling out the fact that we have many of them.

"But if, for instance you want to prove a case of rape, rape has a point to prove. If any one of those points is missing you may lose your case in court.

"Let us be reasonable, you can't arrest somebody you want to prosecute without having credible evidence against such a person."

He, however, did not rule out the fact that some of these cross-dressers might be indulging in same-sex relationships, which is punishable by law in the Nigerian Constitution of 1999 as stipulated in sections 214 to 215 of the criminal code.

Adejobi said, "I don't think so, because I've not read anywhere it's an offense per se, but some of them that are into cross-dressing the allegation is that they are into something else, unnatural offenses.

"That's where the problem lies. We need to actually have enough proof, credible evidence to prove that they are actually into that.

"All those offenses are unnatural offenses in Nigeria and they are punishable under our law."

Statutory provisions of same-sex relationship

The section of the constitution that prohibits same-sex union was coined out of the "Same-Sex Marriage Act, 2013."

The "Same-Sex Marriage Act, 2013" states that "a marriage contract or civil union entered into between persons of the same sex, and provides penalties for the solemnisation and witnessing of same thereof."

Another part of the statutes outlined the implications of violating the laws.

Section 5 of the ACT notes that "a person who enters into a same-sex marriage contract or civil union commits an offence and is liable on conviction to a term of 14 years imprisonment.

"A person who registers operates or participates in gay clubs, societies and organisation, or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offence and is liable on conviction to a term of 10 years Imprisonment.

"A person or group of persons who administers, witnesses, abets or aids the solemnisation of a same-sex marriage or civil union, or supports the registration, operation and sustenance of gay clubs, societies, organisations, processions or meetings in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment."