Idris Olaranwaju Okuneye, popularly known as Bobrisky, was arrested by Police after being accused by Toyin Lawani of snatching her customers, but speculations were that he was arrested for claiming he is gay on Social Media.
The Nigerian Male Barbie was pictured being questioned by Police and reports went wild that he was arrested for admitting being gay, with a media house as big as Sahara Reporters running a news with the headline “Bobrisky arrested in Lagos over Public Admittance of being Gay”.
Bobrisky took to his Instagram page and wrote:
“All this house boys and girls coming to drop comment on page are you all stupid? Do you think your hate comments can change me? Why are you trying so hard to get my attention?
“F**k off my page, and go and find something meaningful to do with your life. Just this morning I have mad up to 750,000 hustle still continue. You are here wasting your mb on someone else life style.
“If all your insult bothered me, I should have stopped posting here. Yes am gay, I will go to hell fire. Thanks. Please what else? Am tired of that same words. I wanna hear something new. Cheers.
“Bleep celebrity, Bleep fake friends, Bleep haters. Live your life to please yourself not anybody. If u like have 1billion followers I careless about that. Micheal Jackson was d top world celebrity den with so much followers.”
After his arrest, Toyin Lawani was contacted to find out why he arrested him but she denied knowing anything about it.
“Please, she has nothing to do with that. You people should stop linking her to it,” Lawani’s assistant said.
Bobrisky in an interview with LIB revealed that the businesswoman ordered his arrest on the basis that he was selling cream to her customers.
“I never worked for Toyin. She was my friend. I can’t remember ever working for Toyin or learning how to make cream from her.
“Then she also said I threatened her. So we are going to Abuja cause that was where the case was reported. Before she wrote petitions against me, she had already threatened me that she is giving me 7 days to go to the internet and apologize to her which I said no way because she offended me. I think because I refused to apologize, she got the police involved.”
He further said his phone was taken from him and he had to wait until the next day to travelled to Abuja as that was where the case was reported.
‘’Yesterday at the police station, I was sitting at the counter and I was told I needed to wait until morning to go to Abuja. My phone was taken from me so I couldn’t talk to anyone. I’m trying to get in touch with my lawyer and all the people I know.’’
The Lagos State Acting Commissioner of Police, Edgal Imohimi, denied that the Force arrested him, saying no report was made against him.
I don’t know about the arrest, and the command did not arrest him. He does not have any problem with the command. Ask him who arrested him.,” the police boss said in a telephone conversation.
Keyamo Speaks
Human Rights Activist and Senior Advocate of Nigeria, has said that the cross-dresser cannot be arrested for publicly declaring himself as gay.
The Social Crusader claimed, in an interview with LIB, that Bobrisky can only be arrested and prosecuted if he was caught in the act or linked to a verified act.
“For me, you have to be caught in the act. Yes, it may amount to corrupting public moral when you go on social media to announce you are gay, but we are talking about the law here and not sentiment and if we are talking about the law, the person has to be caught in the act.
“Except the person says he is gay and refers to a particular gay act that can be verified. For example, if Mr A comes out on social media to say I am a thief, he cannot be arrested because his declaration that he is a thief cannot be linked to a particular act of stealing. Anybody can come out to say I am a kidnapper but if you do not link that declaration to a particular incident that happened, that person cannot be arrested.
“So also, if a person comes out to say I am gay and you can’t link it to a particular gay act that actually happened or that he was caught in the act, I think it is wrong for such a person to be arrested. You can only be arrested when you consent to the act that can be verified. He can be arrested for saying that he is gay but it must be linked to a gay act that happened. You cannot be arrested for just saying you are gay.”
What the law says
Nigeria passed the Same Sex Marriage (Prohibition) Act in 2013, under the administration of former President Goodluck Jonathan.
Before the law, the criminal code of Nigeria has already made gay relations punishable.
Sections 214 of the Criminal Code reads that:
‘Any person who‐
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has carnal knowledge of any person against the order of nature; or
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has carnal knowledge of an animal; or
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permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for fourteen years.’
The Criminal Code then goes further in Section 215 to provide that any attempt to do any of the acts in Section 214, is punishable upon conviction by 7 years imprisonment.
After the passage of the Same-Sex Prohibition Act 2013, the Law went further and specifically outlawed same-sex marriages between men and between women. It prohibits a marriage contract or civil union entered into between persons of the same sex, and provides penalties for the solemnization and witnessing of such a ceremony.
The same-sex marriage (Prohibition) Act says:
PROHIBITION OF MARRIAGE OR CIVIL UNION BY PERSONS OF SAME-SEX
(1) A marriage contract or civil union entered into between persons of same sex:
(a) is prohibited in Nigeria; and
(b) shall not be recognized as entitled to the benefits of a valid marriage.
(2) A marriage contract or civil union entered into between persons of same sex by virtue of a certificate issued by a foreign country is void in Nigeria, and any benefit accruing therefrom by virtue of the certificate shall not be enforced by any court of law.
SOLEMNIZATION OF SAME SEX MARRIAGE IN PLACES OF WORSHIP
(1) A marriage contract or civil union entered into between persons of same sex shall not be solemnized in a church, mosque or any other place of worship in Nigeria.
(2) No certificate issued to persons of same sex in a marriage or civil union shall be valid in Nigeria.
RECOGNIZED MARRIAGE IN NIGERIA
3 Only a marriage contracted between a man and a woman shall be recognized as valid in Nigeria.
REGISTRATION OF HOMOSEXUAL CLUBS AND SOCIETIES
(1) The Registration of gay clubs, societies and organisations, their sustenance, processions and meetings is prohibited.
(2) The public show of same sex amorous relationship directly or indirectly is prohibited.
OFFENCES AND PENALTIES
(1) A person who enters into a same sex marriage contract or civil union commits an offence and is liable on conviction to a term of 14 years imprisonment.
(2) A person who registers, operates or participates in gay clubs, societies and organization, or directly or indirectly makes public show of same sex amorous relationship in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.
(3) A person or group of persons who administers, witnesses, abets, or aids the solemnization of a same sex marriage or civil union, or supports the registration, operation and sustenance of gay clubs, societies, organizations, processions or meetings in Nigeria commits an offence and is liable on conviction to a term of 10 years imprisonment.
According to the law, if a person publicly shows amorous relationship of same sex, he/she has committed an offence and liable to be prosecuted, but many have argued that in the case of Bobrisky, he declared himself as gay but has not shown or publicly display his partner which he referred to as “Bae”.
Others have argued that according to the law, same sex amorous relationship which means, showing feeling or relating to sexual desire to a person of same sex fit Bobrisky because regardless of the fact that he has not displayed his partner, he has shown publicly that he is into men and not women, hence he has violate the same-sex marriage law.
It is also worthy of note that this is not the first time he the Barbie declared himself as gay.
In April, when he turned 25, listing his achievements, he declared himself gay after several denial and even support for the Same Sex Marriage Prohibition law.
“At least I pay rent; I have access to it whenever I want. I drive a 2012 Benz; I also own a Lexus and a Toyota Camry. Abeg what other achievements can I have at 25 years and more still coming?
“Yes I’m gay. I have over 11 visas in my passport; I live in 5 bedrooms duplex alone in Lekki, well furnished,” he wrote on Instagram.
