Human rights activist, Femi Falana (SAN), has called on Nigerians to expose private individuals and public officials who contravene provisions of the Anti-Torture Act 2017.
He said in spite of the clear provisions of the Constitution and other local and international human rights instruments, the fundamental rights of children, indigent citizens and criminal suspects to freedom from torture, cruel, and degrading treatment are routinely violated in all states of the federation and the Federal Capital Territory (FCT).
Falana, in a statement yesterday, condemned the persistent torture and degrading treatment of citizens, despite constitutional and international protections.
He made reference to the historical roots of these violations, cited in Mogaji v. Board of Customs & Excise (1982) where armed agents raided markets in Lagos, brutalising traders under the guise of searching for contraband goods.
According to him, “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.”
The senior lawyer further cited an intrinsic part of law enforcement operations in Nigeria, noting that in 2007, a United Nation report stated: “Police shoot prisoners, beat them, hang them from the ceiling for long periods… flogging, beatings, threatening suspects with death, and denying them food or medical treatment remain common practices.”
Falana explained that the Anti-Torture Act criminalises such actions, observing: “Section 1 of the Act imposes an obligation on the government to ensure that the rights of all persons, including suspects, detainees, and prisoners, to freedom from torture are respected at all times.”
The activist reeled out the penalties outlined in the law, stating: “A person who commits torture shall be liable on conviction to imprisonment for a term of 25 years. If death occurs as a result of the torture, the offender will face murder charges.
“Forced confessions continue to be extracted without legal representation. Confessional statements are still obtained by force in the absence of lawyers, leading to trial within trial during criminal prosecutions.”
To combat the abuses, the rights lawyer urged the public to act, stressing: “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.”
