Following the recent ban on the public parade of suspects by law enforcement agencies, some lawyers and Civil Society Organisations (CSOs) in the country have called on the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), to extend the measure to torture and other human rights violations in the justice system.
They said that Nigeria must ensure that law enforcement agencies are held accountable for their actions, laws are enforced and suspects are treated with dignity and respect.
The decision by the minister to ban the public display of suspects before trial may not be unconnected to criticisms by lawyers and rights activists that the practice violates the rights of individuals presumed innocent until proven guilty.
Speaking with LEADERSHIP Weekend on the issue, a human rights lawyer, Babatunde Agbolade, said the parade of suspects had always been associated with media trials, where individuals are publicly shamed before any legal conviction.
Agbolade also argued that the practice often leads to long-lasting reputational damage for those later found innocent and that it disproportionately targets low-income individuals while the rich and politically exposed persons do not face similar treatment
He said, “I know from experience that the practice most times leads to torture or other forms of mistreatment to extract confessions or information. The ban is a step towards upholding human rights, but it would not be effective if systemic issues like torture were not immediately tackled.”
Several reports by local and international bodies indicate that torture is routinely used as a method of extracting confessions from detainees, with various brutal techniques used, including beatings, starvation and mock executions.
The United Nations (UN) Subcommittee on Prevention of Torture (SPT), which visited Nigeria for the second time from September 8 to 19, 2024, to assess the treatment of individuals in detention, and whether the country had strengthened its capacity to protect the human rights of people deprived of liberty gave very damming report.
The delegation led by Shujune Muhammad in the report expressed regrets for the lack of cooperation from Nigerian authorities during and before the visit.
“We were confronted with hostility and faced access issues in several places of detention.
“The situation in most places of detention is abysmal. Nigeria must urgently take measures to prevent torture and ill-treatment and to improve conditions of detention, especially in police stations and other similar facilities.
“Legal safeguards must be immediately implemented, and the current impunity of perpetrators for acts of torture must end,” the report stated.
Also, a lawyer, Chukwuma Ogbona, told LEADERSHIP Weekend that the Anti-Torture Act of 2017 was enacted to stop and punish acts of torture and other forms of cruel, inhuman or degrading treatment.
Ogbona explained that the Act provides that no circumstances can justify torture, including war or political instability, and that any evidence obtained through torture is deemed inadmissible in court.
He said, “The law prescribes severe penalties, including up to 25 years imprisonment for those convicted of torture. It also holds not only the individuals who commit torture accountable but also superiors who may issue orders for such acts, making them liable as accessories if they fail to prevent or report the act.
Speaking on the issue, the director of a Lagos-based group, Justice and Human Rights Reforms Initiatives, David Babajide, said the police should be more open to external monitoring by allowing local and international groups to access their facilities and interact with detainees to determine if they were being subjected to torture.
Babajide stated that the police, which has the most contact with the public are responsible for the highest number of reported torture cases and that many cases of torture and extrajudicial killings never got investigated because the victims’ families often find no recourse for justice, thereby sustaining the culture of impunity within the force.
He said, “The law criminalises the use of torture and establishes mechanisms for the prevention, detection, and prosecution of torture cases involving Nigerians. The implementation of this law will significantly reduce the incidence of torture in the country. I commend the police for the steps they have taken so far to eliminate the use of torture in Nigeria.”
Recently, human rights activist, Mr Femi Falana (SAN), called on Nigerians to expose private individuals and public officials who contravene the provisions of the Anti-Torture Act 2017.
Falana said despite the clear provisions of the nation’s constitution and other local and international human rights instruments, the fundamental rights of children, citizens and criminal suspects to freedom from torture and cruel and degrading treatment are routinely violated in all states of the federation and the Federal Capital Territory (FCT).
He also revealed that 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 urged the public to act, adding that, “It has become necessary for the National Human Rights Commission (NHRC), the Nigerian Bar Association (NBA) and the human rights community to mobilise Nigerians to expose and report violations.
“Those who contravene the provisions of the Anti-Torture Act must be exposed and held responsible. Every citizen must ensure that Nigeria moves beyond the culture of impunity and respects the dignity of its people.”
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