The Police in Lagos on Wednesday arraigned 47 men before Justice Mohammed Aikawa of a Federal High Court Lagos, for allegedly engaging in amorous gay sexual relationships.
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.
The others include 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, and Oladipo Eniola , 24.
Others listed are: Desmond Onuha, ’23, Joseph Victor, 23, Omoniyi Tobi, ’21, Kelvin Abuchi, 22, Mohammed Abubakar 26, Lawal Yusuf, 22, Odusina Micheal, 23, Wole Ojo, 24, Abimbola Damilola, 21
Also named 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, and Okechukwu Noble, 25.
The others are 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 were arraigned at about 4:12pm on a one count charge of engaging in amorous gay relationships.
Each defendant pleaded not guilty.
Prosecuting counsel Mr. J.I Ebhoremen applied for a remand of the defendants in prison custody.
But defence counsel, Mr Israel Usman, opposed him.
Usman informed the court of a bail application, praying it to admit the defendants to bail, pending trial.
He attached a 47-paragraph affidavit in support as well as a further affidavit, and a written address, in urging the court to grant the defendants bail.
The prosecutor also informed the court of a counter affidavit, opposing the defendants’ bail.
In a bench ruling, Justice Mohammed Aikawa held that although the charges against the defendants were serious, they were bailable.
He said bail can only be denied following the circumstances spelt out by law, adding that in the instant case the offence for which they are charged does not attract the capital punishment.
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He granted each defendant bail in the sum of N500,000 with two sureties in the like sum, one of which must be a civil servant of grade level 10 and the other with a reasonable means of income to be verified by the court.
The court held that each of the defendants shall sign an undertaking not to delay trial.
He held that pending perfection of their bail, they shall be remanded in police custody for 48 hours , and, if after the period they fail to meet the bail condition, they shall be transfered to the prison custody.
After the bail, defence counsel immediately applied to the court for a variation of the bail condition but the court held that it was only where the defendants are unable to meet the bail conditions that an application for variation will be necessary.
He adjourned the case until December 11 and 12 at 2pm each day.
The police alleged that the defendants were arrested at a Hotel in Egbeda on Aug. 25, 2018, adding that they were picked up at 2am while performing gay initiation rites for newly recruited members.
They were first arraigned before a Yaba Chief Magistrates’ Court in Lagos.
They had all pleaded not guilty to a three-count charge of conspiracy, membership of a secret cult, and unlawful gathering.
Chief Magistrate Kikelomo Ayeye had admitted them to bail in the sum of ₦200,000 each, with one surety each in the like sum.
The police, however, filed a count charge against the defendants at the Federal High Court.
In the charge 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 said that the defendants’ actions contravened the provisions of Section 5(2) of the Same Sex Marriage (Prohibition) Act, 2013.