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Expose torture offenders, Falana urges Nigerians

Senior Advocate of Nigeria and human rights activist, Femi Falana, has urged Nigerians to take a proactive stance in exposing private individuals and public officials who flout the provisions of the Anti-Torture Act 2017.

In a statement released on Sunday, Falana criticised the continued prevalence of torture and degrading treatment in the country, despite protections enshrined in the Constitution and international human rights laws.

“It is public knowledge that, in spite of the clear provisions of the Constitution and other local and international human rights instruments, the fundamental right of children, indigent citizens, and criminal suspects to freedom from torture, cruel, and degrading treatment is routinely violated in all states of the Federation and the Federal Capital Territory,” he said.

Falana traced these abuses to historical antecedents, citing the Mogaji v. Board of Customs & Excise (1982) case, where armed agents raided Lagos markets, assaulting traders under the pretext of searching for contraband goods.

“It was a violation of the constitutional prohibition of inhuman or degrading treatment to organise a raid with the use of guns, horse-whips, and tear gas in a market,” he recalled.

The enactment of the Anti-Torture Act in 2017 has done little to curb such practices, according to Falana, who described torture as “an intrinsic part” of law enforcement operations in Nigeria. Referencing a 2007 United Nations report, he highlighted prevalent abuses such as police shootings, beatings, hanging detainees from ceilings, flogging, and denial of food or medical treatment.

He pointed out that the Anti-Torture Act criminalises these actions, with Section 1 obligating the government to uphold the rights of all individuals, including suspects, detainees, and prisoners, to freedom from torture at all times. The law stipulates severe penalties, including a 25-year prison term for offenders and murder charges if torture results in death.

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Despite these safeguards, Falana lamented the ongoing extraction of forced confessions in the absence of legal representation. “Confessional statements are still obtained by force in the absence of lawyers, leading to trial within trial during criminal prosecutions,” he said.

To address these violations, he called on civil society groups to take action. “It has become necessary for the National Human Rights Commission, the Nigerian Bar Association, and the human rights community to mobilise Nigerians to expose and report violations,” he urged.

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