Two men have been arrested by a vigilante group in the Delta State in southern Nigeria
on Wednesday for allegedly engaging in homosexual acts.
The men identified as Monday Ehikwe and his nephew Godwin Chukwueku Okwuoseh were reportedly caught in the act in a building, they were handed over to the Okpala, the spiritual head of the district of Agbor-Alidinma who subsequently handed them over to the Chief Priest of a shrine to undergo a series of spiritual cleansing rituals.
Ehikwe and Okwuoseh were also ordered to pay a fine of N25,000 (US$126) each.
They are to return to the shrine in January with one native cow for a final traditional bath; and 36 native chalks, 50 cola nuts, two red cloths each and 20 tuber of yams for the final cleaning rites.
Sex acts between men are illegal under the Criminal Code that applies to southern Nigeria and carry a maximum penalty of 14 years’ imprisonment. Sex acts between women are not mentioned specifically in the code, although it is arguable that the gender-neutral term “person” in Section 214 of the code includes women. Chapter 21 of that code provides in pertinent part as follows:
Section 214.
Any person who –
(a) has carnal knowledge of any person against the order of nature; or
(c) permits a male person to have carnal knowledge of him or her against the order of nature;
is guilty of a felony, and is liable to imprisonment for fourteen years.
Section 215.
Any person who attempts to commit any of the offences defined in the last preceding section is guilty of a felony and is liable to imprisonment for seven years. The offender cannot be arrested without a warrant.
Section 217.
Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for three years. The offender cannot be arrested without a warrant.
Section 284 of the Penal Code (Northern States) Federal Provisions Act, which applies to all states in northern Nigeria, provides that:
Whoever has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine. page: 69
Section 405 provides that a male person who dresses or is attired in the fashion of a woman in a public place or who practises sodomy as a means of livelihood or as a profession is a “vagabond”. Under Section 407, the punishment is a maximum of one year’s imprisonment or a fine, or both. page: 127
Section 405 also provides that an “incorrigible vagabond” is “any person who after being convicted as a vagabond commits any of the offences which will render him liable to be convicted as such again”. page: 127 The punishment under Section 408 is a maximum of two years’ imprisonment or a fine, or both.
on Wednesday for allegedly engaging in homosexual acts.
The men identified as Monday Ehikwe and his nephew Godwin Chukwueku Okwuoseh were reportedly caught in the act in a building, they were handed over to the Okpala, the spiritual head of the district of Agbor-Alidinma who subsequently handed them over to the Chief Priest of a shrine to undergo a series of spiritual cleansing rituals.
Ehikwe and Okwuoseh were also ordered to pay a fine of N25,000 (US$126) each.
They are to return to the shrine in January with one native cow for a final traditional bath; and 36 native chalks, 50 cola nuts, two red cloths each and 20 tuber of yams for the final cleaning rites.
Sex acts between men are illegal under the Criminal Code that applies to southern Nigeria and carry a maximum penalty of 14 years’ imprisonment. Sex acts between women are not mentioned specifically in the code, although it is arguable that the gender-neutral term “person” in Section 214 of the code includes women. Chapter 21 of that code provides in pertinent part as follows:
Section 214.
Any person who –
(a) has carnal knowledge of any person against the order of nature; or
(c) permits a male person to have carnal knowledge of him or her against the order of nature;
is guilty of a felony, and is liable to imprisonment for fourteen years.
Section 215.
Any person who attempts to commit any of the offences defined in the last preceding section is guilty of a felony and is liable to imprisonment for seven years. The offender cannot be arrested without a warrant.
Section 217.
Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for three years. The offender cannot be arrested without a warrant.
Section 284 of the Penal Code (Northern States) Federal Provisions Act, which applies to all states in northern Nigeria, provides that:
Whoever has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine. page: 69
Section 405 provides that a male person who dresses or is attired in the fashion of a woman in a public place or who practises sodomy as a means of livelihood or as a profession is a “vagabond”. Under Section 407, the punishment is a maximum of one year’s imprisonment or a fine, or both. page: 127
Section 405 also provides that an “incorrigible vagabond” is “any person who after being convicted as a vagabond commits any of the offences which will render him liable to be convicted as such again”. page: 127 The punishment under Section 408 is a maximum of two years’ imprisonment or a fine, or both.
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