acquittal is overturned into death sentence for a gay man in nigeria

Source: 365gay.com

July, 2005: (Lagos) A 50 year old man has been sentenced by a Nigerian court to death by stoning after he admitted in court he has had sex with men.

The man, whose name has not been made public, had been charged with sodomy and brought before a Sharia or Islamic court in northern Nigeria. Following a brief trial he was acquitted.

But, according to a UN report, the judge then asked the man if he had ever had sex with another man. When the man answered yes the judge convicted him of sodomy and sentenced him to death.

Philip Alston, the United Nations special rapporteur on arbitrary executions has called for an immediate review of the case by the Nigerian government.

"Sodomy cannot be considered one of the most serious crimes for which, under international law, the death penalty can be prescribed," said Alston in a statement after an official tour of Nigeria. "The punishment is wholly disproportionate."

Alston said he interviewed the man in prison during a fact-finding visit, but added that he had stumbled upon the man by chance while investigating death row in Kano prison.

Nigeria is Africa's most populous country, with 140 million inhabitants. It is split between Muslims in the North and Christians in the South.

Since 2000, 12 of Nigeria's northern states have adopted Sharia codes for their courtrooms. Under Islamic law, gay sex is punishable by death.

Gay men are routinely rounded up in Nigeria, often only as a result of third party gossip.

Last November police arrested one man and an arrest warrant was issued for another after they were accused of having gay sex.

The first is awaiting trial on a capital charge of sodomy in a Sharia court but the second escaped and is believed to have fled the country.

The charges were laid after neighbours alleged the men were gay.

In December a Nigerian gay man who fled to the US from his homeland after an angry mob murdered his partner was granted asylum after being detained 11 months by immigration.

As an asylee, he is permitted to remain in the United States indefinitely and he can apply for legal permanent residence after one year.

However, his ordeal may not be over. The Department of Homeland Security has reserved the right to appeal in the case.

Background information on Prof. Alston's report
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