Caveat: This is free legal advice, but it may not be popular.
I have seen and read a lot of strongly held but unhinged opinions on the arrest of Very Dark Man and Bobrisky’s lifestyle – two non-linear matters that have, however, enjoyed media buzz and fuss. The following is my two cents hinged on law.
1. I saw several posts of Very Dark Man tagging the Nigerian Police Force, accusing their top officers of involvement in gay and sundry issues. If those posts are real, then he may be in a position to prove such claims and accusations. Similar also were post against Tontodike and others. To maintain a safe social media environment, we must not encourage false accusations or the bullying of people. Though I do not have facts regarding his detention, the law does not allow him to be detained beyond 48 hours unless there are issues meeting bail conditions. So I will advise that we avoid spreading rumours or stories we are not sure about on social media.
2. I have also seen a lot of posts stating that the Police have refused to arrest Bobrisky. Kindly note the following: a. Cross-dressing is not a crime under Nigerian law as of today. Dressing like another sex and even identifying as the same is not ipso facto a crime under Nigerian Law. What exactly is a crime in Nigeria is the marriage of same-sex couples or registering a gay club. Even when an individual is married as gay in the United Kingdom and his gay partner is living in Nigeria, such marriage is only invalid and unenforceable in Nigeria but not a crime except when they come and live together in Nigeria as a married couple. Therefore, your knowledge that a person is gay does not amount to a crime as such people also have their fundamental rights in law. The only offence in law is marriage sex which must be proved by partners conducting the marriage or living together.
However, a person who openly states in public that he or she is into homosexuality may only at best be arrested for corrupting public morality, which can be contended as subjective.
Again, just advice, observation, and pointer to better help us learn and understand the operation of our laws.
Pelumi Olajengbesi Esq.
26/03/2024
