The domestic legal incorporation and institutionalisation of the international legal prohibition of torture in the federal Republic of Nigeria

Abstract

The prohibition on torture is an essential aspect of international law that applies universally and is considered a peremptory norm of international law (jus cogens). The explicit prohibition of torture is outlined in the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), as well as in other international and regional human rights treaties that are part of Nigerian law. Prior to the Anti-Torture Act 2017, the act of torture was not a specific criminal offence under domestic law in Nigeria. However, the Anti-Torture Act 2017 established a prohibition on its use and mandated appropriate penalties for offenders. Despite this prohibition, there are still numerous instances of the use of torture among law enforcement agencies. This thesis focuses on the Nigerian government’s commitment to prohibit torture under domestic law and the effectiveness of the institutions responsible for preventing torture in Nigeria. The first question of the thesis aims to identify the international standards and obligations against torture. In contrast, the second question explores the legal and institutional frameworks established to combat torture in Nigeria. The study analyses whether these frameworks in Nigeria align with international standards. Lastly, in analysing the issues associated with the persistence of torture in Nigeria, this study considers the factors that obstruct the proper functioning of the legal and institutional frameworks, as well as their implications. Thus, this thesis argues that the persistent use of torture in Nigeria is not about domestication but the lack of an effort to consistently implement the international standards and domestic law that prevent torture, which is the UNCAT, Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), African Charter on Human and Peoples’ Rights (ACHPR) and the Nigerian Anti-Torture Act 2017. The thesis further argues that there are weak institutional mechanisms available for the prevention of torture in Nigeria. For torture to be adequately prevented, there must be effective institutions available to monitor the various detention centres. This thesis argues that there is a lack of implementation of essential safeguards available in both the international standards and domestic laws to prevent torture. Thus, the thesis recommends that effective implementation calls for the granting of access to detention centres to the

6 National Committee on Torture (NCAT). Additionally, NCAT’s mandates and functions need to be codified in law while also ensuring its independence to make decisions without interference from the executive. The thesis also recommends training of law enforcement agencies, especially the Nigeria Police, in human rights standards and effective investigation techniques that do not require resorting to torture. It further highlights the importance of providing awareness to judges and law enforcement agencies on the dangers of overreliance on confession-based evidence.