Case Thrown Out Against Nigerian Men Charged with Homosexual Activity

A Nigerian judge threw out a case accusing 47 men of violating a 2014 law outlawing gay mariage and same-sex “amourous relationships.” The case, thrown out for “lack of diligent prosecution,” had attracted the attention of both domestic and international watchdog organizations, as it marked the first real test of the anti-homosexuality law since its implementation under Nigerian President Goodluck Jonathan in 2014.

The men faced charges of public displays of affection with members of the same sex, which carries a maximum sentence of 10 years in prison. However, homosexuality can beget the death penality in some northern Nigerian states. 

Police arrested all 47 men in a 2018 raid of a hotel in Lagos and accused the men of attempting to join a gay club, while the accused maintained that they had simply been attending a birthday party. The court did not formally dismiss the case, meaning that the men could possibly undergo rearrest and be tried again for the same crime.

Although some of the accused expressed satisfaction at the outcome of the trial, many expressed their desire that the courts dismiss the case entirely. 

Some, such as taxi driver Onyeka Oguaghamba, were arrested simply for having connections to the party. In Oguaghamba’s case, he had allegedly driven the men to the party. Similarly, another man who had checked into the hotel but was unaffiliated with the birthday party, ended up charged.

Many of the former defendants have also reported persecution since their arrest, which does not surprise activists, considering the hostile legal environment in many African countries. Same-sex relationships remain heavily criminalized in many countries on the continent, as only 22 out of 54 African states have legalized the practice. 

Xeenarh Mohammad, a member of the defense team representing the men, reported that “many of [his clients] were disowned by their families after they saw them on TV. A dry cleaner among them lost clients that feared he could introduce their kids to homosexual acts.” Though now free, many of the defendants remain weary as to whether or not they will have to stand trial again. In the meantime, they hope to re-establish some sense of normalcy in their lives.