A human rights lawyer, Femi Falana, SAN, has urged Nigerians to actively expose private individuals and public officials who violate the provisions of the Anti-Torture Act 2017
Falana in a statement on Sunday, frowned at 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
While mentioning the historical roots of the violations, the senior lawyer 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.
He noted that despite the enactment of the Anti-Torture Act in 2017, torture remains an intrinsic part of law enforcement operations in Nigeria.
He pointed out that the Anti-Torture Act criminalizes such actions, stating that 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 stressed the sanctions highlighted in the law that a person who commits torture shall be liable on conviction to imprisonment for a term of 25 years, adding that if death occurs as a result of the torture, the offender will face murder charges.
The human rights activist lamented that despite the legal safeguards, 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.
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