Their laws instead say: "Whoever commits an act of gross indecency upon the person of another without his consent or by the use of force or threat compels a person to join with him in the commission of such act shall be punished".
A person who commits the offence of gross indecency "shall be punished with caning which may extend to forty lashes and may be liable to imprisonment for a term not exceeding one year and may also be liable to fine".
Edafe Okporo fled Nigeria to the United States seeking asylum based on his sexual orientation and was granted political asylum in 2017.
Section 405 provides that a male person who dresses or is attired in the fashion of a woman in a public place or who practises sodomy as a means of livelihood or as a profession is a "vagabond".
In southern Nigeria and under the secular criminal laws of northern Nigeria, the maximum punishment for same-sex sexual activity is 14 years' imprisonment.
The Same-Sex Marriage Prohibition Act criminalises all forms of same-sex unions and same-sex marriage throughout the country.
In the state of Sokoto, a person who commits the offence of sodomy shall be punished with stoning to death.
If a minor commits the act on an adult, the minor faces "correctional punishment" and the adult faces punishment "by way of ta'azir which may extend to 100 lashes".