Gender Expression & Cross-Dressing in Nigerian Law Explained

Contributor: Jesutofunmi Oluwafemi Idowu

In Nigeria, the issue of gender expression and its legal standing seems complex and also contentious.^[1] The country’s legal framework predominantly reflects traditional gender norms, which impacts how various forms of gender expression, including cross-dressing, are perceived and regulated. Cross-dressing, or the practice of wearing attire associated with a different gender, is not explicitly addressed by Nigerian law. Instead, its regulation falls under broader legal and societal norms related to public decency and morality, creating a unique set of challenges for those who engage in this practice.^[2]

While Nigerian law does not specifically criminalize cross-dressing, the broader legal context often shapes the experiences of individuals who do not conform to conventional gender expectations.^[3] Public decency laws and other related statutes can have indirect effects on individuals who cross-dress, leading to potential legal and social consequences.^[4] This legal ambiguity reflects the broader societal attitudes towards gender expression in Nigeria, where traditional views often prevail and influence the interpretation and enforcement of laws.

This article seeks to clarify how Nigerian legal principles intersect with gender expression, focusing on cross-dressing as a case study. By exploring the current legal provisions and societal attitudes, this analysis aims to provide a comprehensive understanding of the challenges faced by individuals whose gender expression does not align with traditional norms, while remaining neutral on the normative aspects of the practice itself.

CROSS-DRESSING IN THE NIGERIAN CONTEXT

In Nigeria, the concept of cross-dressing especially men dressing like women, and its legal and social implications generates a lot of discussions, especially in the context of the Country’s cultural norms and legal structure. The Nigerian legal system can be challenging for cross-dressers due to the specific laws and the general societal attitude towards such gender expression.^[5]

Traditionally, Nigerian society adheres to strict gender roles, where clothing and behaviour are often strictly categorized as either masculine or feminine.^[6] Cross-dressing, which involves wearing attire typically associated with the opposite gender, challenges these entrenched norms and can be met with significant social resistance. In some cases, cross-dressing may be viewed as a form of rebellion against societal expectations or as a provocative act, leading to negative public perception and potential social ostracism.^[7]

LEGAL FRAMEWORK IN NIGERIA

The legal response to cross-dressing in Nigeria is shaped by broader public decency laws and cultural attitudes rather than explicit legal prohibitions.^[8] While there is no specific legislation that criminalizes cross-dressing per se, individuals who engage in this practice may encounter legal challenges under general provisions related to morality and public order.^[9] For instance, cross-dressing may be scrutinized under laws concerning indecent exposure or disturbances of public peace, reflecting the tension between personal expression and societal expectations.

Some of these laws which slightly make provision on the issue of cross-dressing include:

1. The Same-Sex Marriage (Prohibition) Act, 2013: This Act goes beyond the prohibition of same-sex marriage and includes clauses that indirectly affect cross-dressers. For instance, it prescribes up to 14 years imprisonment for anyone entering a same-sex marriage contract or civil union.^[10] Moreover, the Act prohibits public displays of a same-sex amorous relationship and registering, operating, or participating in gay clubs, societies, and registering, operating, or participating in gay Clubs, societies, and organizations.^[11] Although not directly targeting cross-dressers, the broad application of the law can lead to societal and legal actions against individuals perceived to deviate from traditional gender norms.
2. The Criminal Code/ Penal Code Act: The Criminal Code provides that “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.^[12]

Also, it provides that anyone who wilfully and without lawful excuse does any indecent act in any public place or wilfully does any indecent act in any place with intent to insult or offend any person, is guilty of a misdemeanour and is liable to imprisonment for two years.^[13]

The Penal Code Act also has a similar provision which states that anyone who performs an obscene or indecent act in a public place to annoyance of others can be punished with a fine, imprisonment, or both.^[14]

The closest Nigeria has come to specifically legislating on cross-dressing was in 2022 when the National Assembly proposed a Bill seeking to amend the 2013 Same-Sex Marriage Prohibition Act to criminalise cross-dressing in Nigeria. The Bill suggested a punishment of six months imprisonment or a fine of N500,00 for anyone found guilty. However, the Bill failed to pass the second reading in the House of Representatives following arguments that the Bill was unconstitutional and did not reflect Nigeria’s diverse culture.^[15]

Hence, offences relating to “immorality” or “indecent exposure” might be interpreted to apply to individuals whose appearance challenges traditional gender expectations. While these laws are not explicitly designed to target cross-dressing, their broad definitions can sometimes result in legal action against those engaging in such practices, particularly if they are perceived to disrupt public order or societal norms.

LEGAL IMPLICATIONS OF CROSS-DRESSING

While there is no specific legislation targeting cross-dressing, such practices can be indirectly affected by statutes that govern public behaviour and appearances. Cross-dressing might be scrutinized under laws on indecency or public order if it is perceived to challenge or disrupt societal norms, potentially leading to legal actions such as fines or detention for public indecency.^[16]

The available laws like it have been noted include provisions that could be interpreted to cover behaviours deemed inconsistent with traditional gender expectations. Although these laws are not explicitly designed to target cross-dressing, their broad language allows for subjective interpretations that could result in legal charges if the practice is viewed as offensive or inappropriate by authorities.

SOCIETAL ATTITUDES AND LEGAL ENFORCEMENT

The prevailing view is that gender roles are rigidly defined, with specific expectations regarding appropriate behaviour and attire for men and women. As a result, cross-dressing is often met with suspicion or hostility, as it challenges these entrenched norms.^[17] This societal resistance often leads to significant social stigma and marginalization for individuals who choose to express themselves in ways that diverge from conventional gender expectations.^[18]

These societal attitudes significantly impact the enforcement of laws related to gender expression. Law enforcement and judicial authorities may interpret and enforce laws through the lens of prevailing social attitudes, potentially leading to inconsistent or discriminatory outcomes.^[19] For instance, individuals who cross-dress may find themselves disproportionately targeted by legal actions under charges related to public indecency or disturbances of public order, influenced more by social prejudices than by objective legal standards.

CONCLUSION

In conclusion, the issue of cross-dressing within the Nigerian context reveals significant challenges arising from the intersection of traditional gender norms and existing legal structures.^[20] While Nigerian law does not specifically target cross-dressing, the broader legal provisions on public decency and morality often influence how such practices are perceived and addressed. The absence of explicit legislation creates a legal environment where individuals engaging in cross-dressing may face potential repercussions under general public order laws, reflecting the prevailing societal attitudes towards gender roles.^[21]

Societal attitudes in Nigeria strongly uphold conventional gender norms, which affects the enforcement of laws related to gender expression. Cross-dressing, as a deviation from these established norms, can lead to legal scrutiny and social stigma.^[22] This dynamic highlights the complexities of navigating a legal landscape shaped by deeply ingrained cultural values, where non-traditional gender expressions can be met with resistance and potential legal consequences.

As Nigeria continues to address the legal and social implications of gender expression, it is essential to recognize the challenges posed by existing norms and legal frameworks. Understanding these issues requires a balanced view of how traditional values intersect with legal principles, ensuring that legal enforcement aligns with societal expectations while also considering the broader implications for individual behaviour and public order.

REFERENCE

1. Makama, Godiya Allanana. Patriarchy and Gender Inequality in Nigeria: The Way Forward. 2013 European Scientific Journal Vol 9, No 17. Available at https://core.ac.uk/download/pdf/236407158.pdf accessed on 25 September 2024. ↑
2. Elvis Kachi. The Nigerians Worried About a Bill to Outlaw Cross Dressing. BBC. Available at https://www.bbc.com/news/world-africa-61646540 accessed on 25 September 2024. ↑
3. Ibid ↑
4. Nigerian Law Forum. Cross-Dressing in Nigeria: Law and Social Impact. Available at https://nigerianlawforum.com/cross-dressing-in-nigeria-law-and-social-impact/ accessed on 25 September 2024. ↑
5. Ibid ↑
6. Santiago Iniguez. Challenging Nigeria’s Traditional Gender Roles: Ifeoma Idigbe. Available at https://www.linkedin.com/pulse/challenging-nigerias-traditional-gender-roles-ifeoma-idigbe-iniguez accessed on 25 September 2024. ↑
7. Ukadike Chinonso Linda. Influence of Cross-Dressing on the Knowledge, Attitude and Practice of Social Media Users in South East Zone of Nigeria. Jalingo Journal of Social and Management Sciences Vol 5, N0 1. Available at file:///C:/Users/omapl/Downloads/8+Influence+of+Cross-Dressing+on+the+Knowledge.pdf accessed on 25 September 2024. ↑
8. Elizabeth Onyewuchi, Felix Gbenoba, Shaibu Husseini. Emergent Trends in Nigeria’s Popular Entertainment: Cross-Dressing and Blurred Identity in Social Media Skits. Journal of Society and Media Vol 7(2) 389-405. Available at file:///C:/Users/omapl/Downloads/Emergent_Trends_in_Nigerias_Popular_Entertainment.pdf accessed on 25 September 2024. ↑
9. Ibid. ↑
10. Section 5 Same-Sex Marriage Prohibition Act 2013 ↑
11. Sections 1,2,3 and 4 Same-Sex Marriage Prohibition Act 2013 ↑
12. Section 217 Criminal Code Act ↑
13. Section 231 Criminal Code Act ↑
14. Section 200 Penal Code Act ↑
15. Punch Newspaper. Drama as Bill Prohibiting Cross-Dressing Fails Second Reading. Available at https://punchng.com/drama-as-bill-prohibiting-cross-dressing-fails-second-reading/ accessed on 25 September 2024. ↑
16. Bernard Dayo. The Harm Nigeria’s Anti Cross-Dressing Bill Would Do. Okayafrica. Available at https://www.okayafrica.com/nigeria-cross-dressing/ accessed on 25 September 2024. ↑
17. Op cit 3 ↑
18. Brian K. Ahmedani. Mental Health Stigma: Society, Individuals, and the Profession. National Library of Medicine. Available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3248273/ accessed on 25 September 2024. ↑
19. United Nations Office on Drugs and Crime (UNODC). Gender-Based Discrimination and Women in Conflict with the Law. Available at https://www.unodc.org/e4j/zh/crime-prevention-criminal-justice/module-9/key-issues/1–gender-based-discrimination-and-women-in-conflict-with-the-law.html accessed on 25 September 2024. ↑
20. Ibid ↑
21. Op cit 2 ↑
22. The World Bank. Conversations About Gender Equality with Women and Men in 20 Countries. Available at https://documents1.worldbank.org/curated/en/429741468343732476/pdf/On-norms-and-agency-conversations-about-gender-equality-with-women-and-men-in-20-countries.pdf accessed on 25 September 2024. ↑