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Some lawyers in Lagos have stated that there is no legal provision in Nigeria that allows for special treatment of any category of inmates.
Speaking with reporters on Sunday, Mr. Douglas Ogbankwa, a former Publicity Secretary of the Nigerian Bar Association (NBA), noted that no law provides preferential treatment for inmates, though there may be specific circumstances that could warrant exceptions.
“There is no legal basis for special treatment in custody. Under Nigerian law, only two genders are recognized: male and female. Nigerian law does not acknowledge LGBTQ practices, and the 2014 anti-gay law, which prohibits such activities, was widely supported by Nigerians,” he said.
Another Lagos-based lawyer, Mr. Kehinde Nubi, emphasized that both local and international laws advocate for the equal treatment of all humans.
“This means that there should be no discriminatory or preferential treatment in how prisoners are treated,” he said, adding that inmates with particular needs may be accommodated to prevent harm to themselves or others, which could result in perceived prioritization.
In his remarks, Mr. Ige Asemudara stated that the law does not allow selective treatment of inmates, and all convicted detainees should serve their sentences in regular prisons. However, he noted that exceptions could be made if specified by a judge.
“For example, a court may order one convict to be held at the Kirikiri Maximum Prison, while placing another in a medium or minimum security facility. Beyond such judicial orders, all convicted inmates must be housed within standard prison facilities,” Asemudara explained.
Mr. Abdul Wahab also highlighted that the 1999 Constitution ensures that no one is denied their fundamental rights. He stated that the movement of a convicted individual must be restricted to a custodial center in line with the law.
While he acknowledged that inmates with contagious diseases could be moved to a facility for appropriate care, he affirmed that no law permits the transfer of inmates to a special facility outside the prison system.
