This appeal involved the beastly barbaric and bizarre offence of sodomy. A more common place name is homosexual or homosexuality. It is against the Appellant, former Major Bello Magaji. He wore staff No. N/6604 in the Army.

The victims are Emmanuel Enega, (PW1), Joseph Unigbe (PW2), Mohammad Abubakar and Isaac John. Emmanuel Enega was 17 when he gave evidence before the General Court Martial. He was a student of the Army Cantonment Boys Secondary School Ojo. Augustina Oscar Ayewa was the errand boy of Major Magaji. He made the first contacts. He contacted Joseph Unigbe for the business. Joseph called Ayewa, Oscar, and so I will call him Oscar too. Oscar told Joseph to have his bath as he wanted him to go out with him. Joseph needed the company of his friend Emmanuel and he asked him to join the outing. There are two Joseph. Joseph the Prosecution witness No. 2 and Joseph one of the errand boys of Magaji.

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.

“In my opinion since the plaintiff was able to produced five tentative male witnesses who confirmed it before this court that the disputed property (farm land) is his father’s own and that the defendant’s father only possessed it by way of manipulation (Hauzi). This court hold the view that whenever there is ownership, possession will have no position in Sharia, no matter whatever longer period stood. Therefore considering all the facts stated above I hereby confirmed the subject matter of this case (farm land) to the plaintiff since it was known to be his late father’s property. This is in accordance with Tuhfa vol. 11 page 172”.

The General Court Martial convicted the Appellant and sentenced him to seven years. His appeal to the Court of Appeal was dismissed. Consequently, he appealed further to the Supreme Court.