The Lagos State Police Command has dismissed an earlier view of an Assistant Commissioner of Police in cases of persons having sex in a car in public places.
ACP Abayomi Shogunle, who is in charge of Nigeria Police Public Complaint Response Unit (PPCRU) had stated on his official Twitter handle that sex in a car in a public place is not a crime.
He said this in response to a debate started on social media after a couple having sex in a car parked in an isolated part of a neighborhood in Lagos were recently harassed by a mob.
Shogunle had said: “NO. Sex in a car in a public place is not a crime in Nigeria provided;
1. Location is not a place of worship.
2. Parties are 18 yrs+
3. The act is consensual (agreed to by parties)
4. Parties are of the opposite sex if threatened with an arrest over above, please contact the police.
But in a statement released following the debates, the Lagos Commissioner of Police, Edgal Imohimi dismissed Shogunle’s assertion and warned that Lagosians should be guided by relevant sections of the law against such acts.
He suggested that having sex in the car, which is considered an indecent act in public, is a crime and punishable with a 2-year jail term.
According to him, any indecent act in a public place makes both parties engaging in the act liable to imprisonment for two years.
He further noted that there’s a federal law applicable in every Nigerian state that criminalises indecent acts.
He said, “The CP Lagos has been advised by the Director of Public Prosecution of the state Ministry of Justice and the Legal Department of the State Police Command, Panti, Yaba, with relevant sections of the law as follows: 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 person is liable on conviction to two 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 three years’ imprisonment.
“It must be noted that Section 134 which deals with offences against morality, particularly section 134 (a), has it that indecent act in a public place makes both parties engaging in the act liable to imprisonment for two 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.”