The Lagos state Commissioner of Police, CP Edgal Imohimi, has stated that the state criminal law prohibits engaging in sexual activities in a public space, including having sex in a car parked in public.
Imohimi said this in reaction to comments which trailed the position of the head of the Public Complaint Rapid Response Unit, PCRRU, of the police, Abayomi Shogunle, who had stated that as long as the sex is consensual and not done in a place of worship, it is not a crime.
Shogunle had on Tuesday stated that having sex in a car parked in a public is not a crime insofar the “location is not a place of worship, parties are 18years and above, the act is consensual (agreed to by parties) and parties are of opposite sex”, adding that persons who conform to the rules he mentioned cannot be arrested by the police.
But the Lagos police commissioner has now pointed out that it is an act of indecency for couple to engage in sexual activities in their cars or any other public place.
“The attention of the Commissioner of Police, Lagos State, CP Imohimi Edgal has been drawn to an online publication credited to @POLICENG_PCRRU to the effect that sex in a car in a public place is not a crime in Nigeria provided location is not a place of worship; parties are 18yrs+; the act is consensual; parties are of opposite sex and if threatened with arrest over above, pls contact @POLICENG_PCRRU.
“Sequel to the development, 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 2 years imprisonment,” he said in a statement.
The statement further cited Section 136 of the Criminal Law of Lagos state, 2015 which 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 consent of the other party,” Imohimi said.