Days after the Head of Police Public Complaint Rapid Response Unit (PCRRU), ACP Abayomi Shogunle, advised consenting members of the public to engage in public sex in their cars, the Lagos State Command, Wednesday countered his submission.
The state Commissioner of Police, Imohimi Edgal, in a statement said such act of public indecency is not allowed in the state.
The statement made available to THISDAY by the state police spokesperson, CSP Chike Oti, stipulated that the law holds that such offender is liable on conviction to two years imprisonment.
He said: “The attention of the state Commissioner of Police, 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 18 years plus, the act is consensual (agreed to by parties) and parties are of opposite sex.
“If threatened with arrest over above, please 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 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, Edgal wants Lagosians to be guided by relevant sections of the law against such acts.”