• Celebrated cross-dresser James Brown has been freed of homosexuality charges alongside others.
• He also confirmed the dismissal via a post on his Instagram page.
The homosexuality charges against Nigerian cross-dresser and suspected gay man, James Brown has been discarded by the court.
Recall that in August 2018, armed police officers stormed a hotel in Egbeda, Lagos, at around 2 a.m. and arrested 57 youths including upcoming cross-dresser, James Obialor better known as James Brown, for an alleged involvement in homosexuality.
However, taking to his Instagram page, the he confirmed the charges’ dismissal saying, “I’m free like a bird HOMOSEXUALITY CASE CLOSED. Congratulations to 57 runway boys we won (we no be gay)”
A federal court sitting in Lagos, Tuesday, October 27, 2020, struck out the charges of homosexuality filed against 47 persons in November 2019.
The judge, Rilwan Aikawa said the charges against the defendants lacked “diligent prosecution” by the police.
According to him, J.I Ebhoremen, the prosecuting counsel, was, for the umpteenth time, absent from court and gave no reasonable explanation.
The defence counsel, Israel Usman, had noted that it was the ninth time Mr Ebhoremen did not show up in court since the case started in 2019.
He pointed the judge’s attention to Section 356(5) of the Administration of Criminal Justice Act, 2015 which provided a maximum of five adjournments at the instance of the prosecution in a criminal trial.
In his ruling, Mr Aikawa held, “I agree entirely with defendants’ counsel that the prosecution’s attitude to this case is not satisfactory. In my view, this should not be. If the prosecution has a cogent reason not to be in court, he should have communicated in writing to the court and copy the defence counsel.
For whatever reason, the prosecution is no more capable or not willing to prosecute this case. Consequently, this case is struck out due to lack of diligent prosecution.”