O 111516Z JUN 08
FM AMEMBASSY ABUJA
TO SECSTATE WASHDC IMMEDIATE 3075
INFO AMCONSUL LAGOS 
AMEMBASSY LONDON 
AMEMBASSY YAOUNDE 
ECOWAS COLLECTIVE
NSC WASHINGTON DC
CIA WASHINGTON DC
DIA WASHDC
HQ USAFRICOM STUTTGART GE
HQ USEUCOM VAIHINGEN GE
JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS ABUJA 001081 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KDEM NI
SUBJECT: NIGERIA: TRIAL UPDATE - BAUCHI CROSS-DRESSERS 
 
THIS MESSAGE IS SENSITIVE BUT UNCLASSIFIED.  NOT FOR INTERNET 
DISTRIBUTION. 
 
¶1. (SBU) SUMMARY: On May 22, Poloffs attended a meeting of gay, 
lesbian, and transgender rights organizations regarding the case of 
18 young men from Bauchi State arrested in August 2007 for allegedly 
displaying homosexual behavior.  Defense attorney Ralph Monye 
elaborated on the case to date, as well as the frustrations he and 
the 18 young men have regarding the prosecutor's handling of the 
case in the shari'a court, and what appears to Monye and the Bauchi 
18 to be unfair, homophobic treatment.  Despite attempts by 
homosexual rights NGOs to use the case to further their human rights 
agenda, the accused men maintain they are not, in fact, homosexual 
nor are they cross-dressers.  END SUMMARY. 
 
¶2. (SBU) On May 22, Poloffs attended an Abuja meeting of gay, 
lesbian, and transgender rights organizations regarding the case of 
18 young men from Bauchi State arrested in 2007 for allegedly 
cross-dressing and attending a homosexual wedding.  In attendance 
were representatives from The Independent Project (TIP), Global 
Rights, Alliance Rights Nigeria, International Gay and Lesbian Human 
Rights Commission, House of Rainbow, the lead defense attorney 
Ralpha Monye, two of the Bauchi 18, and several other interested 
guests.  The meeting was part of a two day conference concerning the 
case and efforts to promote homosexual rights. 
 
¶3. (SBU) Monye expressed frustration with the prosecutor's handling 
of the case, the shari'a court, and his and the Bauchi 18's 
declining morale due to allegedly unfair, homophobic treatment.  The 
Bauchi 18 were initially arrested by Hisbah police and charged with 
being "Idle Persons and Vagabonds" for allegedly cross-dressing at 
what police maintain was a same-sex marriage in Bauchi State.  The 
charges were later upgraded by the shari'a court to idleness, 
cross-dressing, indecent or obscene behavior, and conspiracy to 
commit criminal acts.  Under the shari'a penal code, the punishment 
for these offenses is 30 cane lashes, 20 lashes, 40 lashes and 6 
months imprisonment, respectively. 
 
¶4. (SBU) The trial commenced on August 21, 2007; however, it was 
adjourned to September on the prosecutor's request.  Monye maintains 
when he and the Bauchi 18 were leaving the courthouse that day, a 
mob of several hundred people assaulted them with rocks and 
vandalized their cars.  According to Monye, he and the Bauchi 18 hid 
in the judge's chambers until the police dissipated the mob by using 
tear gas and firing shots in the air.  There have been at least 6 
scheduled court dates since the August 21st incident, each adjourned 
or cancelled at the last minute due to various excuses from the 
prosecutor.  The case was most recently scheduled for hearing on 
June 4; however, it was once again adjourned when the prosecutor and 
seven of the 18 defendants failed to show up. 
 
¶5. (SBU) According to Monye, he has become unenthusiastic about the 
case and oftentimes considers dropping it altogether.  (NOTE: Monye 
has taken on the case pro bono and complains he has spent 
significant money traveling to Bauchi -- only to have the case 
repeatedly adjourned.)  Many of the Bauchi 18, as well, have become 
disheartened, and some have stopped showing up for hearings (as 
evidenced by the low turnout at the June 4 hearing), risking new 
arrest warrants.  Several of the men have to travel from hours away 
and overnight in Bauchi for each court date - an expense which they 
simply cannot afford.  Also, the young men are subjected to ridicule 
and alienation from their families and peers, so much so that some 
of them have had to close down their businesses due to a lack of 
customers because of the case.  Monye said he also falls victim to 
continuous ridicule from his colleagues and others, many of whom 
assume him to be a homosexual due to his affiliation with the Bauchi 
¶18. 
 
¶6. (SBU) COMMENT.  Although same-sex marriage is outlawed throughout 
Nigeria, the Bauchi 18 are not being charged with this offense, but 
rather with a range of lesser offenses which would not even be 
considered illegal in non-shari'a courts.  Interestingly, while the 
NGOs want to draw publicity to the case and use it to further their 
own human rights agenda, the accused continue to maintain they are 
not homosexual, nor were they cross-dressed, and that they were 
attending a graduation / wedding party for one of the men's sisters. 
We will continue to follow this case closely.  END COMMENT. 
 
SANDERS