Nigeria: Judge throws out case against 47 men facing homosexuality charge

LAGOS - A judge in a Nigerian court on Tuesday threw out a case against 47 men charged with public displays of affection with members of same sex, ending what had widely been seen as a test of the country's laws banning same-sex relationships.

The Nigerian law banning gay marriage, punishable by up to 14 years in prison, and same-sex "amorous relationships," prompted an international outcry when it came into force under former President Goodluck Jonathan in 2014.

The men were arrested in a police raid on a Lagos hotel in the city's Egbeda district in 2018. Police said the men were being initiated into a gay club, but the defendants said they were attending a birthday party.

Prosecution and defense lawyers in the case had told Reuters nobody had yet been convicted under the law, which led to the case of the men being widely seen as a test case that could help to establish the burden of proof.

Prosecutors failed to attend Tuesday's hearing at the federal high court in Lagos, having previously failed to present some of their witnesses in a case that had been adjourned on several occasions. Justice Rilwan Aikawa struck out the case and said he had done so due to the "lack of diligent prosecution".

The specific charge the men faced, relating to public displays of affection, carries a 10-year prison sentence. Outside the court, many of the men smiled and cheered, including dancer James Brown who, smiling, said: "I am free. It means a lot of good things." Read more via Reuters/NBC