The Nigerian Anti-Torture Act of 2017 and its compatibility with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the African Charter on Human and Peoples’ Rights

Abstract

Article 2 of the 1984 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) obligates states to take measures to prevent torture. While many states have provisions that prohibit torture, in most cases these do not align with the jurisprudential anti-torture framework required by UNCAT. Before the advent of the Anti-Torture Act, the Nigerian 1999 Constitution prohibited torture, but it was not a crime per se. Any act or omission that constituted torture usually fell under the heading of a civil claim and could also be prosecuted under the criminal or the penal code. However, most cases were prosecuted as grievous bodily harm, attempted murder, assault or murder. The 1999 Constitution failed to detail what constituted torture; in fact, the use of torture did not diminish under the Constitution. To fully apprehend the present situation in Nigeria, it is important to understand the legislative framework and its compatibility with international standards.