President Goodluck Jonathan enters the second week of his controversial pardon set to contend with a flurry of new issues and criticism from many who are trying to make sense of his reasoning for letting off former army Major, Bello Magaji, convicted and sentenced to five years jail term for sodomy, another name for homosexuality, by a military Court [General Court Martial] in 1996.
Mr. Magaji, a former military police officer attached to the Lagos Garrison Command, was convicted for serial homosexual intercourse with four students of the Army Cantonment Boys Secondary School in Ojo Cantonment in Lagos. The teenagers were Mohammed Abubakar, Joseph Unigbe, Emmanuel Ilagoh, and Isaac Jonah, according to court records obtained by PREMIUM TIMES. Download full judgment here.
The documents spoke of how Mr. Magaji intoxicated the young men, all from poor background, with alcohol, making them dizzy and then forcing them to have homosexual intercourse. He would then offer them token financial inducement to meet family obligations.
Mr. Bello Magaji whose reasons for making the list remains puzzling, was one of about a dozen convicts that earned President Jonathan’s pardon Tuesday after a Council of State meeting in Abuja along with the president’s disgraced former boss, Mr. DSP Alamieyeseigha, a one-time governor in Bayelsa State where the president served as his deputy.
Mr. Magaji’s pardon, coming at a time that legislative and religious institutions in the country are bracing for a stormy confrontation with the local and international gay and lesbian communities is bound to shock many observers of the Jonathan presidency.
In November 2011, the Nigerian Senate passed a stunning anti-gay legislation which criminalizes homosexuality and gay marriage with a 14-year jail term. Although the move drew sharp international rebuke from both western and American political leaders, the Senate President, Mr. David Mark, in February this year, went ahead to defend the move, promising a delighted conference of Catholic bishops that the senate will lead the fight against homosexuality in the country. Mr. Mark was however at the meeting where Mr.Magagi got his pardon but was not on record to have uttered a voice against the move.
A similar bill to prohibit gay marriage also popularly passed through a second reading in the House of Representatives last november. House Majority leader, Mulikat Akande-Adeola (PDP-Oyo), said the proposed law will return sanity to the institution of marriage. If both law chambers pass the bill, Mr. Jonathan will be forced to sign a law that is bound to test his will against the temper of the international community.
The mood of the Supreme Court regarding the rights of homosexual people was best rendered in the case of the same Mr. Magaji when in their appeal ruling in 2008, they characterized the practice as a “beastly, barbaric and bizarre offence.” A panel of five Justices lead by Justice Niki Tobi subsequently threw the appeal of the former military police major to the trashcan and affirmed his five-year jail term.
Justice Niki Tobi also proposes, in his judgement that “Carnal knowledge with the male sex is against the order of nature and here, nature should mean God and not just the generic universe that exists independently of mankind or people.” The order of nature is “carnal knowledge with the female sex” he argued in the judgement.
With the Supreme Court, the National Assembly, and the religious order already walking a direct route from the president on the matter, he has, it appears, lost the court of popular morality to lean on for his queer decision on the Magaji pardon. As the Supreme Court records indicated, but failed to developed in depth, Mr. Magaji was not only engaged in gay sex which would have been consensual, but actually he was engaged in a homosexual rape.
“The common evidence of Emmanuel and Joseph is that they were asked to drink a bottle each of small stout which intoxicated them; it was in their state of intoxication that the appellant performed the dirty act of sodomy on Emmanuel, and others, the Supreme Court report narrated.
The Court report offers, in many of its lines, chilling narratives of Mr. Magaji as a sex pervert. The following testimony of one of the teenagers project a horrifying experience, one that will worry many who are trying to understand President Jonathan’s mind with respect to this particular pardon.
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