Lagos CP Counters ACP Shogunle: Sex In A Car In Public Is A Crime

Contrary to Wednesday’s assertion by Assistant Commissioner of Police, Yomi Shogunle, that it is not a crime in Nigeria to have sex in a car in public, the Lagos State Commissioner of Police, Imohimi Edgal, has differed on the matter.

THE WHISTLER recalls that Mr Shogunle, who is head of the Nigeria Police Complaint Rapid Response Unit (PCRRU), had while responding to an inquiry by a Twitter user (@Stanley_Moses13) yesterday stated that having sex in ones car in a public place is not a crime in the country.

“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 opposite sex,” the Assistant Police Commissioner had said.

He even encouraged Nigerians to report to the PCRRU ‘‘If threatened with arrest’’ over engagement in sexual intercourse in a car in public.

THE WHISTLER had however reported yesterday that Mr Shogunle may have erred in his claim, as provisions of Section 231 subsection 1 and 2 of the Criminal Code Act prescribe two years improvement for ‘‘Any person who willfully and without excuse does any indecent act in a public place; or willfully does any indecent act in any place with intent to insult or offend any person,’’ adding that such person could be ‘‘guilty of a misdemeanour”.

Clarifying this, the Lagos Police Commissioner also warned that Sections 134 (a) and 136 of the Criminal Laws of Lagos, 2015 prohibits indecent act in any public place without lawful excuse.

“The Commissioner of Police Lagos State has been advised by the Director of Public Prosecution (DPP) Ministry of Justice and the Legal Department of the Command with relevant sections of the law as follows,’’ said Edgal.

“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.

“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

“To this end, the Commissioner of Police Imohimi Edgal wants Lagosians to be guided by relevant sections of the law against such acts,” said the Lagos Police Commissioner.