Currently, persons living with HIV who do not disclose their status prior to sexual activity that poses a risk of transmission can be charged with different offences, including aggravated sexual assault, which is the most serious sexual assault offence in the Criminal Code.
Nigeria’s (federal) Sexual Offences Bill (enacted in 2015) includes sections on disease transmission. The Bill specifically names HIV as well as “other life threatening sexually transmitted disease(s)”, making it illegal for a person who knows they have HIV to intentionally, knowingly and wilfully do anything or permit anything to be done which they should reasonably know is likely to transmit HIV.