“Report Torture Cases,” Falana SAN Urges Nigerians to Expose Violators Of Anti-Torture Act

Senior Advocate of Nigeria and human rights activist, Femi Falana, has called on Nigerians to actively expose private individuals and public officials who contravene the provisions of the Anti-Torture Act 2017.

In a statement issued on Sunday, Falana condemned the persistent torture and degrading treatment of citizens, despite constitutional and international protections.

“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,” Falana said.

Highlighting the historical roots of these violations, Falana referenced Mogaji v. Board of Customs & Excise (1982) where armed agents raided markets in Lagos, brutalizing traders under the guise of searching for contraband goods.

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

Despite the enactment of the Anti-Torture Act in 2017, Falana noted that torture remains “an intrinsic part” of law enforcement operations in Nigeria. Citing a 2007 UN report, he remarked, “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.”

He explained that the Anti-Torture Act criminalizes such actions, stating: “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.”

Falana also emphasised the penalties outlined in the law: “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.”

Despite the legal safeguards, he lamented that 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,” Falana noted.

To combat these abuses, he urged the public to act: “It has become necessary for the National Human Rights Commission, the Nigerian Bar Association, and the human rights community to mobilize Nigerians to expose and report violations.”

Falana concluded by reaffirming the importance of accountability: “Those who contravene the provisions of the Anti-Torture Act must be exposed and held responsible. It is the duty of every citizen to ensure that Nigeria moves beyond the culture of impunity and respects the dignity of its people.”

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