BY GBENGA OLARINOYE
OSOGBO — An Osogbo Chief Magistrate Court will today begin hearing in the case involving two suspected gays that allegedly had sexual intercourse inside a church auditorium, the Peace of Jesus Apostolic Church located at Asubiaro area in Osogbo.
When the case was mentioned, weekend, the two accused persons, 19-year-old Samuel Friday and Oni Oluwatobi, 18, who are already on bail were present but the prosecutor, Inspector Solomon Oladele, was absent.
The accused persons were said to have perpetrated the act sometimes in May, at about 2:00 am in the church.
The charge sheet had read in part: “That you Samuel Friday and Oni Oluwatobi sometimes in May 2012 at about 2 am at Peace of Jesus Apostolic Church, Asubiaro, Osogbo did conspire together to commit felony to wit: indecent sexual practice between yourselves.”
Oladele had informed the court when the case initially came up that the gay suspects conducted themselves in a manner that was capable of causing breach of public peace.
Th prosecutor had also argued that Friday had sometimes in May, 2013 at Sadiat area, Ilesa Road in Osogbo at about 4pm committed similar act of homosexual when the latter sexually assaulted a boy identified as Oladipupo Moruf by caressing him without the boy’s permission.
The charge presented to court had read: “That you Samuel Friday sometimes in May, 2013 at Sadiat area, Ilesa Road in Osogbo at about 4pm in the Osogbo Magisterial District did indecently seduce one Oladipupo Moruf by touching his private part.”
The prosecutor, however, had contended that the accused persons have committed offences contrary to and punishable under Sections 516, 249 (D), and Section 217 of the Criminal Code Cap 34, Vol. II, Laws of Osun State of Nigeria, 2003.
It could also be recalled that the duo had pleaded not guilty before their counsel orally applied fro their bail, stressing that they are presumed innocent until the contrary is proved reasonably by the prosecution.
Meanwhile, the presiding Magistrate Olusola Aluko had granted the accused persons bail in the sum of N100,000 each with two sureties in the like amount.
The Magistrate ruled that the sureties must be resident within the court’s jurisdiction and that the addresses of the sureties must be verified by the court orderly.