Some lawyers in Lagos say there is no Nigerian law providing for special treatment for any category of inmates.
The lawyers spoke with the News Agency of Nigeria (NAN) on Sunday.
Mr Douglas Ogbankwa, a former Publicity Secretary of the Nigerian Bar Association (NBA), said that no law provided for any special treatment for any inmates.
According to him, there could, however, be peculiar circumstances prompting an exception.
“There is no law giving special treatment to anybody in custody. The only two genders recognised by our Nigerian law are the male gender and the female gender.
“Nigerian law precludes Lesbian Bisexual Gay Transgender Queer ( LBGTQ) practice.
The anti-gay law, which prohibits such practices, was enacted in 2014 and was widely applauded by Nigerians,” he said.
Another Lagos-based lawyer, Mr Kehinde Nubi, said that both local and international laws enshrined equality of all humans.
“This implies that there should be no discriminatory or preferential treatment, with respect to how prisoners are treated,” he said
He, however, said that this would be without prejudice to the fact that inmates with special requirements might be kept in a manner so as not to endanger themselves or others.
“Such considered status may lead to such inmate getting seemingly prioritised,” he said.
On his part, Mr Ige Asemudara, said that the law did not allow for selective treatment of inmates, but provided that every convicted detainee must be within the walls of common prisons.
Asemudara, however, said that the only exception would be where the judge pronouncing the conviction could give such latitude.
“For instance, a court may order a convict to be remanded at the Kirikiri Maximum Prison, while ordering another to be at the minimum or medium security section.
“Outside the terms of such judgment, every convicted detainee must be within the walls of common prisons,” he said.
Another lawyer, Mr Abdul Wahab, said that the provisions of the 1999 Constitution were clear that no one should be denied his or her fundamental rights.
He said that movement of any convicted person must be contained and restricted to the custodial centre as spelt out by the law.
According to him, there is no law that prevents someone from serving a jail term within the facility after being sentenced.
He, however, noted that an inmate suffering from a contagious disease could be separated from other inmates and taken to any other facility, where he or she would receive adequate attention.
“No law allows or guarantees any inmates to be taken to a special facility outside the prison walls,” he said.
