- Introduction
- Guidance note
- Common analysis
- General remarks
- 1. Actors of persecution or serious harm
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2. Refugee status
- Preliminary remarks
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Analysis of particular profiles
- 2.1. Individuals targeted by Boko Haram
- 2.2. (Perceived) Boko Haram members or supporters
- 2.3. Members of separatist movements and individuals perceived as supporting them
- 2.4. Members of militant groups in the Niger Delta and individuals perceived as supporting them
- 2.5. Members and perceived supporters of political parties
- 2.6. Individuals involved in and affected by conflicts between herders and farmers
- 2.7. Human rights activists, bloggers, journalists and other media workers
- 2.8. Christian and Muslim minorities in specific areas
- 2.9. Individuals accused of witchcraft
- 2.10. Individuals with albinism
- 2.11. Individuals fearing ritual killing
- 2.12. Individuals refusing chieftaincy titles
- 2.13. Individuals targeted by student cults
- 2.14. LGBTIQ persons
- 2.15. Victims of human trafficking, including forced prostitution
- 2.16. Women and girls
- 2.17. Children
- 2.18. Persons with disabilities or severe medical issues, including mental health issues
- 2.19. Individuals accused of crimes in Nigeria
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3. Subsidiary protection
- 3.1. Article 15(a) QD
- 3.2. Article 15(b) QD
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3.3. Article 15(c) QD
- Preliminary remarks
- 3.3.1. Armed conflict (international or internal)
- 3.3.2. Qualification of a person as a ‘civilian’
- 3.3.3. Indiscriminate violence
- 3.3.4. Serious and individual threat
- 3.3.5. Qualification of the harm as ‘threat to (a civilian’s) life or person
- 3.3.6. Nexus/’by reason of’
- 4. Actors of protection
- 5. Internal protection alternative
- 6. Exclusion
- Abbreviations and glossary
- Country of origin information references
- Relevant case law
Death penalty or execution
Death penalty is envisaged under both the Nigerian Criminal and Penal Code and the Sharia and it is reported that executions take place.
The following offences are punishable by death under the provisions of the Criminal and Penal Code of Nigeria: murder; treason; conspiracy to treason; treachery; fabricating false evidence leading to the conviction to death of an innocent person; aiding suicide of a child or ‘lunatic’; armed robbery (under the Robbery and Firearms Decree 1984). Death sentences can be executed either by hanging or by shooting (firing squad).
Under the various Sharia penal laws in the 12 Northern states, death penalty is applicable when convicted for one of the following offences: adultery; rape; ‘sodomy’; incest; witchcraft and juju offences. The execution of death sentences under Sharia law includes hanging, stoning and crucifixion. The latter two are applicable only to Muslims.
Death penalty is also applied by military courts.
Some profiles of applicants from Nigeria may be at risk of death penalty or execution. In such cases (for example, gay men or those accused of adultery in the Sharia-implementing states, members of IPOB and MASSOB), there could be a nexus to a Convention ground, and those individuals would qualify for refugee status.
In cases where there is no nexus to a Convention ground (for example, in some cases of individuals accused of ordinary crimes), the need for subsidiary protection under Article 15(a) QD should be examined.
Please note that exclusion considerations could be relevant.