new charges for 18 nigerian

By Lesego Masike (BTM Reporter)

October 2, 2007: The trial of 18 Nigerian men arrested on charges of cross dressing and vagrancy scheduled to take place on 13 September was postponed to 14 September, closed from the public and journalists and their charges were added to include conspiracy.

This was decided after chaos erupted at the previous hearing on 21 August where the Muslim community broke into frenzy and hailed stones at the accused who had been granted bail.

They felt that the Islamic legal system was being easy on the accused by granting the bail.

The men, who are all in police custody, face the possibility of the case being referred back to Criminal investigation department for further investigations and being prosecuted in a Sharia court since the charges have been amplified.

According to Reverend Jide Macaulay of House of Rainbow in Lagos, who has been following the case, this could work to the men’s disadvantage. “I feel that in this way they would not stand a better chance as they will be facing Sharia prosecution,” said Macaulay.

On the previous hearing, only 11 of the 18 men were present in court, while the rest were out on bail, as they met the bail requirements. They were required to produce money for bail and two adults to stand for them in court.

“The money is too much and it is impossible for most parents to come and support their children, so they suffer in jail,” included Macaulay.

Macaulay feels that the charges are going to be technical and they might be changed over and over again till the suspects are in a tight spot. “There is nowhere in the law where it says that cross dressing is a criminal offence except in Sharia law that sees it as an offence”, He said.

While Macaulay fears that constant changes in charges could put the case in danger, Joseph Akoro Sewedo, Director of The Independent Project, a Nigerian NGO, that defends the rights of people discriminated against on the grounds of sexual orientation, believes that there are chances of the case being dropped.

“The chances are high as there is no substantial evidence to prove that the men are guilty of the alleged charges,” said Sewedo.

If found guilty of cross dressing and vagrancy, the men will have contravened Article 372 section 2(E) of the Bauchi State Islamic code which prohibits the practice of sodomy and cross dressing.