The Lagos State commissioner of police, Mr. Edgal Imohinmi has said that having sex in sex in a car in a public space in the state is criminal whether the act is consensual or not.
He was reacting to a statement credited to a police spokesman, Mr. Abayomi Shogunle who, while responding to a question by a twitter use, said having sex in a public place in Lagos is not criminal so far as the act is consensual.
The Twitter user @Stanley_Moses13 asked, “Oga Yomi Shogunle please is it a crime to have sex in your car?”
Shogunle said it is not an offence provided the location is not a place of worship and the persons involved are of opposite sex that is 18 years or older.
Currently, Nigerian law prohibits the LGBTQ (lesbian, gay, bisexual, transgender, transsexual, queer, questioning, intersex, asexual, ally, pansexual) community.
“Sex in a car in a public place is not a crime in Nigeria provided location is not a place of worship; parties are 18 yrs+; the act is consensual (agreed to by parties) (and) parties are of opposite sex,” he replied.
He said persons who conformed to the rules cannot be arrested by the police adding that should such persons be threatened with an arrest, they should lodge a complaint with the Public Complaint Rapid Response Unit of the Nigerian police.
But the spokesman for the Lagos State, Mr. Chike Oti, countered Shogunle in a statement on Wednesday saying sex in a car in the state is not permissible.
“Section 134 (a) Criminal Law of Lagos State 2015 prohibits any indecent act in any public place without lawful excuse. The law holds that such a person is liable on conviction to 2 years imprisonment.
“Section 136 of the Criminal Law of Lagos state, 2015 provides that any person who commits any act of gross indecency with another person in public commits an offence and liable on conviction to 3 years imprisonment.
“It must be noted that section 134 which deals with offences against morality particularly section 134 (a) have it that indecent act in a public place makes both parties engaging in the act liable to imprisonment for 2 years.
“In the same vein, section 231 of the Criminal Code Act which is a Federal law and applicable in states other than the northern states where Penal Code is applicable also make Indecent Acts punishable. Going forward, the authorities of the Lagos State Police Command hereby declares that the assertion that sex in a car in a public place is not a crime in Nigeria is misplaced as the provisions of the Criminal Law of Lagos State prohibits such acts in public even if it is done with the consent of the other party
“To this end, the commissioner of police, CP Imohinmi Edgal wants Lagosians to be guided by relevant sections of the law against such acts,” said Oti.
