The Delta State Government has stated that it will be unable to prosecute the suspects arrested recently for alleged gay marriage in the state.
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According to the Solicitor General and Permanent Secretary, Ministry of Justice, Omamuzo Erebe, the suspected offense of homosexuality falls under federal law and is not under state jurisdiction.
Erebe disclosed this while addressing journalists in Asaba on the issue. He noted that since the alleged gay marriage offense contravenes federal enactment, it becomes a matter for the Attorney General of the Federation to handle, not the state.
In late August, the Delta State Police Command arrested around 200 suspects, 67 of whom were paraded for purportedly organizing same-sex marriages in Warri metropolis.
The police crackdown and mass arrests drew widespread attention across Nigeria. But the state government says the suspects arrested by the police in Delta cannot be prosecuted by the state because homosexuality is criminalized under the federal Same Sex Marriage (Prohibition) Act.
By declaring it lacks the power to prosecute the suspects, the Delta State Government has effectively distanced itself from the high-profile gay marriage case. The case will now likely be handled by federal authorities.
The development illustrates the complexity of prosecuting suspects arrested for homosexuality violations in states when the enabling law is federal. It remains unclear how the Attorney General of the Federation will proceed with the landmark case involving dozens of suspects detained in Delta.
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