It was disclosed in court that Ms Apata came to Britain in 2004 on a fake Swaziland passport and had initially applied for asylum on religious grounds having married a Muslim man in Nigeria after her lesbianism was suspected. Whilst in the UK Apata, embarked on two “sham “ heterosexual marriages in the UK prior to coming out as a lesbian and had served time in prison for deceit and for inciting a riot at the notorious Yarlswood Detention Center.
She told the court - through her lawyer - Mr Mahmood that her life was in danger when she lived in Nigeria, hence, she couldn't declare her sexuality . Her lawyer also told the court that it took her time to come to terms with being a lesbian. The Crown's lawyer however dismissed her claim of being a lesbian , insisting that the lower courts had already dealt with it and didn't find it credible.
Abid Mahmood also argued that she's an LGBT - Lesbian, Gay, Bisexual and Transsexual - activist and that because of her activism and association with the social group , she may be tortured in Nigeria if the Home Secretary is allowed to go ahead with the deportation order which had been served on her twice - and twice , she failed to get it overturned. But the Crown lawyer Mr Bird, prayed the court to dismiss her application , arguing that her Human Rights will not in any way be breached and that United Kingdom is not obliged to provide refuge for a foreign national who entered the country fraudulently .
He prayed the court to uphold the rulings of the earlier courts and to allow the Secretary of State to go ahead with her deportation . Bird argued further that the UK will not be breaching neither the Refugee Conventions Rights she's basing her claims on nor her Human Rights, having fraudulently entered the United Kingdom in 2004 with a forged Swaziland passport.
Apata, who came to Court with her lesbian lover, Happiness and over 20 LGBT activists, was accused of simulating mental illness to strengthen her case to remain in the UK. But her lawyer insisted that among others , "because of her association with LGBT " and also a lesbian, her life will be in danger if she's deported.
Bird meanwhile , told the court not to be "hoodwinked " , arguing that, not only had she been previously married and had a child in Nigeria, she's also had two relationships with men in the UK and that since the lower courts had not been convinced she is a lesbian, the Judge should not believe her claim of being either a lesbian nor an LGBT activist .
After listening to both sides all day, Bowers rose from courtroom 2 shortly after 4pm, saying "I will reserve judgement ," till about three weeks (by the end of the month) from now.
As recounted to Hrh Elizabeth F Obisanya by Guardian newspaper journalist Tunde Oyedoyin who attended the Hearing.
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