By Onyewuchi Ojinnaka
Justice Mohammed Rilwan Aikawa of the Federal High Court sitting in Lagos Nigeria has ordered the remand in police custody of 47 men arraigned before the court for allegedly engaging in amorous gay relationship.
The defendants were brought before the court by the Inspector-General of Police on one count charge of engaging in a same sex amorous relationship with each other.
The defendants are Segun Ode, 24; Afolabi David, 20; Azeez Tunde, 22; Adedokun Pelumi , 22; Smart Joel, 25; Iyodun Ehiosun, 20; Rilwan Jamiu, 24; and Raphael Matthew, 38.
Others are Chibuike Emmanuel, 23; Prince Collins, 23; Daniel Aya, 22; Alozie Innocent, 21; Kelvin Nwachukwu, 23, and Okekoya Gbemi, 33.
Also charged are Odika Emmanuel, 25; Kojo Emmanuel, 27; Adewole Micheal, 27; Alabi Olamilekan , 21; Oluwaseun Odu , 26; Oladipo Eniola, 24; Desmond Onuha, 23; Joseph Victor, 23; Omoniyi Tobi, 21; Kelvin Abuchi , 22; Mohammed Abubakar 26; Lawal Yusuf , 22; Odusina Micheal, 23; Wole Ojo , 24; Abiombola Damilola, 21.
Also listed in the charge are Laguda Olamilekan , 23; Alhassan Opeyemi, 23; Samson Ode, 23; Musibau Remi , 33; Olajide Olaide , 23; Isaac Patrick, 23; Wasiu Ajibade, 25; Oguaghanba Onyeka, 41; Okechukwu Noble , 25; Abioye Olasunkanmi , 25; Isa Asoma, 25; Rasheed Gbenga, 25; Obiafor James , 20; Jesse Paul 22; Oladipo Femi, 25; Ogunirinde Yusuf 28; Chris Godsent , 23; Solomon showole, and others at large.
The defendants who were arraigned at 4.12p.m. on a one-count charge, however, pleaded not guilty to the charge.
After their pleas, the prosecutor, Mr J.I. Eboseremen, from the Legal Section State CIID Panti, urged the court to remand the defendants in a correctional facility, contending that their crime was heinous.
However, defence counsel, Mr Israel Usman, opposed the request and prayed the court to grant them bail.
He attached a four-paragraph affidavit in support of the bail application.
Justice Aikawa held that although the charge against the defendants was serious, it was bailable.
Consequently, he granted each of the defendants bail in the sum of M500,000, with two sureties each in like sum.
The judge ruled that one of the sureties must be a civil servant of grade level 10 or above, while the other should have a reasonable means of income to be verified by the court.
He further held that each of the defendants should sign an undertaking not to delay trial.
Aikawa, however, ruled that pending perfection of their bail, the defendants should be remanded in police custody for 48 hours and afterwards be transferred to a correctional facility if they could not meet the bail conditions.
Nevertheless, the defence counsel immediately applied to the court for a variation of the bail conditions, but the judge refused and held that it was only where the defendants were unable to meet the bail conditions that an application for variation could be necessary.
The judge adjourned the case until December 11 for trial.
Earlier, the police alleged that the defendants were arrested at a hotel in Egbeda, Lagos, on August 26, 2018, adding that they were picked up at 2.00a.m. while performing gay initiation rites for newly-recruited members.
They were first arraigned before a Yaba Chief Magistrates’ Court in Lagos and pleaded not guilty to a three-count charge of conspiracy, membership of a secret cult, and unlawful gathering.
Chief Magistrate Kikelomo Ayeye had admitted each of them to bail in the sum of ₦200,000 each, with one surety each in the like sum.
In the charge before the Federal High Court and marked FHC/1/311C, the police alleged that the defendants made “public show of a same sex amorous relationship with each other in hidden places within Kelly Hotel”, Egbeda.
The police submitted that the defendants’ actions contravened the provisions of Section 5(2) of the Same Sex Marriage (Prohibition) Act, 2013.
