Uche Nnabuife

 

Uche is a gay Nigerian man who arrived in the UK in 2005. Released in late 2011 from nearly two years in immigration detention, he is still fighting deportation to Nigeria. His friend and supporter, Bryony Whitmarsh, and Paul Canning of LGBT Asylum News, tell his story below – a story that reveals just how much the odds are stacked against LGBTI asylum seekers, and why Nigeria is not safe.

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Nigeria not safe

 

As Nigerian President Goodluck Jonathan decides whether to sign a law passed in November by the Nigerian Senate making it a punishable offence (up to 14 years in prison) for anyone to visit a gay bar, be involved with LGBT organizations or be in an openly gay relationship, Uche Nnabuife, a gay Nigerian in London waits for the opportunity to appeal the Home Office’s decision to deport him back to Nigeria.

Uche’s character has been assassinated and his story called into question. Stonewall’s 2010 report No Going Back documents the “almost systemic homophobia in our asylum system resulting in legitimate lesbian, gay and bisexual asylum seekers regularly being refused sanctuary”. As he goes into what may be his last attempt to secure sanctuary in the UK, new evidence finally and definitively demonstrates what he has said all along; he suffered persecution because he was gay and it would be unsafe for him to be returned.

Nigeria not safe to be gay

Nigeria is a very unsafe place to be lesbian or gay. Threats of murder regularly appear in the Nigerian press and Uche has been personally threatened with ‘Jungle Justice’ on internet forums. The Nigerian newspaper, National Times reported on his story on 11 April 2011… “Uche Nnabuife, a gay Nigerian has been warned not to come back to Nigeria, or his body would not be found.” This story included a photograph of Uche.

In 2008 Rev. Jide Macauley was forced to flee to the UK after members of the House of Rainbow Metropolitan Community Church, an LGBT- friendly church in Lagos, were stoned and beaten. The attacks occurred after four newspapers published photographs, names, and addresses of church members.

Whilst the Home Office acknowledge the existence of the National Times, in their decision of 2 December 2011 on Uche’s fresh claim for asylum they doubt the credibility of the report, stating that it could have been fabricated or even placed by supporters.

Macauley, who now lives in London, pours cold water on this idea:

“If anything appears about Nigerian gays overseas it will be picked up. Nigeria is big on blogging and the newspapers are interested in what sells – and homosexuality does sell…The last thing people want is to be in the Nigerian papers. Any publicity for [asylum] cases is a LAST resort. The death threat is real, ‘jungle justice’ is real… My home was vandalised whilst I wasn’t there, if I had been I would have been killed.”

Home Office disbelief

The Home Office’s decision on Uche’s case states that if the newspaper is found to be real, he can be deported to anywhere but the northern state of Benue where they say it is published, where he can live discretely. This shocking comment is made even more ludicrous by the horrific homophobic bill, recently passed in Nigeria.

The Home Office do not believe that Uche is gay, because he did not reveal all of the traumatic details of his story straight away and because he has served time for a criminal conviction since being in the UK. He was convicted in 2009 of possession of cannabis with intention to supply and of the possession of cocaine. He has served his time, has put this behind him, and is now using his experience to help others in this position.

In 1990 Uche was discovered with another man and was strung up, badly beaten, burnt and abused leading to several weeks in hospital. After the attack in his village and subsequent hospitalisation, his family disowned him. On the streets and desperate, he was advised to use an agent to leave the country. His then boyfriend introduced him to a man who gave him work, as a male prostitute in order to raise enough money to leave the country. During this time the house that they were living and working in was attacked. Fearing for his life, Uche was smuggled into the UK in a car in 2005.

His fresh claim also includes the evidence of a doctor for the charity Medical Justice showing that Uche’s scars directly match what has been telling the British authorities for three years. The doctor who examined him said that his mental state lent “further weight to the veracity of his claims.”

“Given the ferocity of his assault and the extent of his scars, it is understandable that he fears further persecution in Nigeria,” she wrote.

Even this evidence has not been enough to convince a UK Border Agent to finally grant asylum. The asylum system is designed to find gaps and describe claims as ‘not credible’ and though the Home Office accept the report as evidence of scarring, they disregard the experience and expertise of the doctor stating that as Uche described his story to her, his explanation cannot be believed.

Uche was detained from November 2009 until October 2011. There is a mountain of evidence of the long-term harm done when those who have suffered torture are detained; Uche also experienced harassment by other detainees. The Home Office do not believe his scars to be the result of torture. On what basis could they make this decision? Uche was only granted bail following the intervention of the charity, Bail for Immigration Detainees.

Uche has provided evidence about his sexuality. Six witnesses including his ex-partner have given evidence. More have been added as his case has been appealed. Every single one has discounted simply because his conviction ‘undermined his credibility’, whatever their own nationality or immigration status. Finally released on bail, he has been able to gain the support of the UK Lesbian and Gay Immigration Group.

His supporters continue the fight

Detention centre visitor, Bryony Whitmarsh has supported Uche. Without this support he may already be on the streets in Lagos, or worse…

“Until meeting Uche, I knew that claiming asylum is a long and complex process, but had not appreciated how a whole system can be stacked against someone. Just imagine how an individual forced to work as a rent boy feels when told that the court recognises that this “may be embarrassing” – to say the least! That because of a typo in one witness statement none of your other witnesses can be believed, even those who have known you for over 7 years. Because a doctor did not make a detailed record of every one of your scars, this is somehow your fault. That because you were convicted for a drugs offence, nothing you say can ever be believed again and you’re not worthy of defence by your own MP. You’re not allowed the opportunity of bail to fight your case or demonstrate your lifestyle. You’re afraid to discuss your sexuality in detention for fear of reprisal. You don’t have the skills to mount your own case or the money for a solicitor. You can’t even speak to your own caseworker on the phone. Uche has had a variety of legal counsel, as would appear to be common – it is by luck that he now has expert legal representation.

Despite all of this, Uche remains as calm as he can be. He has become a great friend. Above all he has hope – the one thing that can’t be taken away. Hope that one day someone will simply believe him.”

Sexuality-based asylum claims are often complicated. The behaviour of asylum seekers is misread such as to undermine their credibility. But Uche’s actually is not as complex as it might appear. The scars were there when he was first interviewed – they could have been checked then. The witness evidence of his sexuality was there – it could have been tested further. The adversarial nature of the system is not protecting this man but is entirely about finding fault, kicking him out and putting him through hell in the meantime.

Uche’s recent Judicial Review was a farce. The Home Office based their argument on an earlier decision (which differed from their most recent decision), and maintained his claim is without merit and does not warrant an in-country appeal. This was despite the overwhleming evidence served on the court by Uche and his solicitor. The Home Office issued their most recent decision just two days before the Judicial Review hearing date, even though Uche's evidence had been provided on 19 April 2011. Meanwhile, Uche is still threatened with deportation to a country that is punishing homosexuality, pending the outcome of the case being heard at the High Court.

Until the government is properly reporting on LGBT asylum, Uche’s story can be seen as just an individual case of the barriers to justice in the UK. Consistent research and reporting is desperately needed to prove the systematic failure of the UK asylum system to provide protection to LGBT individuals at risk.

 

Act Now

1) Contact the Home Secretary

Please write to, email or fax the Home Secretary, urging that they reconsider their refusal of Uche's fresh claim, and ask that she uses her discretionary power to grant Uche the right to remain in the UK. Remember to include Uche's Home Office reference number: N1150307

Rt. Hon Theresa May, MP
Secretary of State for the Home Office,
2 Marsham St London SW1 4DF

Fax: 020 7035 4745
(00 44 20 7035 4745 if you are faxing from outside UK)

Email:
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]

2) Contact Uche's MP, Margaret Hodge

If you live in Margaret Hodge's constituency, please write to, email or call Margaret Hodge, urging that she raise his case with the Home Secretary and that they reconsider their refusal. Remember to include Uche's Home Office reference number: N1150307.

Margaret Hodge MP
House of Commons
London
SW1A 0AA

Tel : 0208 594 1333

Email: [email protected]