The Federal High Court in Lagos on Tuesday struck out the charge of alleged homosexuality filed by the police last November against 47 persons.
Justice Rilwan Aikawa set the defendants free, citing lack of diligent prosecution by the police.
The defendants were arraigned on one count of engaging in amorous gay relationship contrary to Section 5(2) of the Same Sex Marriage (Prohibition) Act, 2013.
The Police had alleged that the men were being initiated into a gay club at the Kelly Ann Hotel in Lagos in August 2018.
All the defendants had pleaded not guilty to the offense which carries a 10-year jail term.
They said they were attending a birthday party.
The judge noted that police counsel, J.I. Ebhoremen, was, as he had done repeatedly, abstained from court without valid excuse.
The defense counsel, Israel Usman, had noted that it was the ninth time that Ebhoremen did not show up in court since the case started in 2019.
Usman cited Section 356(5) of the Administration of Criminal Justice Act, 2015 which provides a maximum of five adjournments at the instance of the prosecution in a criminal trial.