Norbert Okoli fled to Canada in 2005 using a fake passport. At a 2006 immigration board hearing he said that once his homosexuality was discovered he was beaten, threatened with death and on one occasion was forced to have sex with a female prostitute in a futile attempt to “turn him” straight.

The board ruled that Okoli should be returned to Nigeria and that he would be safe there as long has he kept his sexuality a secret.

Okoli, who has been residing in Toronto, appealed the decision to the Federal Court.

In a ruling, Justice Leonard Mandamin criticized the board decision saying it had failed to take into consideration scars from beatings inflicted on Okoli.

Mandamin ordered that the case be returned to the immigration board with a different panel to hear Okoli’s plea for asylum.

Homosexuality is illegal in Nigeria, punishable by a prison term of up to 14 years with hard labor.

The government currently is considering legislation that also makes it a criminal offense to attend a gay event, gathering or wedding anywhere in the world.

Under the proposed new law, a same-sex couple married anywhere and returning to Nigeria, or anyone who is married to a same-sex partner who travels to Nigeria – including foreign business people -  would be jailed for up to three years.

The legislation also would imprison anyone who attends a gay wedding with up to five years behind bars.

In addition police would have the right to raid public or private gatherings of any group of people suspected of being lesbian, gay, bisexual or transgender.

Amnesty International has expressed concerns about human rights abuses in Nigeria against individuals on the basis of their actual or perceived sexual orientation.

In August 2007, police in Bauchi state arrested 18 men suspected of same-sex relations, charging them with belonging to an unlawful society, committing indecent acts, and engaging in criminal conspiracy. In 2008, several men and women were also arrested and detained on charges of engaging in consensual same-sex relations.

Homosexuality already is illegal in Nigeria, punishable by a prison term up to 14 years with hard labor.

Under the proposed new law, a same-sex couple married anywhere and returning to Nigeria, or anyone who is married to a same-sex partner who travels to Nigeria -including foreign business people – would be jailed for up to three years.

The legislation also would imprison anyone who attends a gay wedding with up to five years behind bars.

In addition, police would have the right to raid public or private gatherings of any group of people suspected of being lesbian, gay, bisexual or transgender.

The National Assembly this week began holding public hearings on the bill and for the first time Nigerian gays openly testified.

“This bill is not necessary, we see no reason why people should be criminalized,” Rashidi Williams, 23, of the Queer Alliance of Nigeria told the committee.

“I did not choose to be gay. It is trial enough to live in this country, we should not create more laws to make us suffer,” he said.

Williams went on to tell the committee that “We believe that we are created by God and do not wish to be discriminated against, we seek your help and appeal to you all to lay this Bill aside. We ask that the House of Representatives and our lawmakers work with us to understand the concept of sexuality and sexual orientation through our experiences and not create laws that punish us needlessly.”

The international groups Human Rights Watch and Global Rights also argued against the bill.

But a large number of Nigerian groups spoke in favor of the legislation, including the  Anglican Church of Nigeria.

In its submission to the committee, the church argued that “same-sex marriage is out to foist on the world a false sense of the family which will bring disastrous consequences to mankind.”

The church in its brief said that “same sex marriage, apart from being ungodly, it is unscriptural, unnatural, unprofitable, unhealthy, un-cultural, un-African and un-Nigerian.”

“It is a perversion, a deviation and an aberration that is capable of engendering moral and social holocaust in this country. Outlawing it is to ensure the continued existence of this nation,” the brief said.

In 2006, a similar bill was introduced but died when the government fell. It was reintroduced earlier this year.

Amnesty International has expressed in the past concerns about human rights abuses against individuals on the basis of their actual or perceived sexuality.

In August 2007, police in Bauchi state arrested 18 men suspected of same-sex relations, charging them with belonging to an unlawful society, committing indecent acts, and engaging in criminal conspiracy. In 2008, several men and women were also arrested and detained on charges of engaging in consensual same-sex relations.

Consenting gay sex is punishable by up to 14 year in prison with hard labor.

Under the anti-gay marriage bill, a same-sex couple married anywhere and returning to Nigeria, or anyone who is married to a same-sex partner who travels to Nigeria including foreign business people, would be jailed for up to three years.

The legislation also would imprison anyone who attends a gay wedding with up to five years behind bars.

In addition, police would have the right to raid public or private gatherings of any group of people suspected of being lesbian, gay, bisexual or transgender.

The measure would increase the risk of violence and other acts of discrimination against individuals who are suspected of being lesbian, gay, bisexual or transgender, said Amnesty International.

“It is simply unacceptable to single out one group of people to be deprived of the rights we all enjoy,” said Aster Van Kregten, Amnesty International’s Nigeria researcher. “Legalizing discrimination is reprehensible in itself and can only promote acts of hatred.”

Van Kregten said that the bill before Parliament would violate rights guaranteed in the Nigerian constitution and by human rights treaties.

In 2006, a similar bill was introduced, but died when the government fell.

Amnesty International has expressed in the past concerns about human rights abuses against individuals on the basis of their actual or perceived sexuality.

In August 2007, police in Bauchi arrested 18 men suspected of same-sex relations, charging them with belonging to an unlawful society, committing indecent acts, and engaging in criminal conspiracy. In 2008, several men and women were also arrested and detained on charges of engaging in consensual same-sex relations.