Benue State University, Makurdi

Curbing Incidencies of Torture through Legislation: Focus on the Nigerian Anti-Torture Act, 2017

Vearumun Vitalis Tarhule^*
Yangien Ornguga^**

Abstract

Criminal justice administration throughout the world has been tarnished with torture of persons either suspected of having committed an offence or for sundry other reasons. No country is spared the indictment of resorting to torture in one form or the other, Nigeria inclusive. To stem this ugly tide, the United Nations passed the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT) obligating State parties to take administrative and legislative steps to prevent torture and inhuman treatment. Nigeria signed and ratified CAT and the Optional Protocol that followed. The Nigerian National Assembly domesticated CAT by promulgating the Anti Torture Act, 2017 partly to stem the geometric rise in cases of torture in the country and as a step in fulfilling her international obligations. This Article adopting doctrinal methodology of research, appraised the Act and found that it is the first instrument in Nigeria to define and criminalize torture by name; that the Act requires domestication by States; and that despite the fine provisions, if not backed by political will and intensive sensitization and training of all actors in the criminal justice sector, the lofty intentions of the legislature may not be realized. It is recommended that States of the federation should quickly domesticate the Act given its importance in the humane administration of justice, and that that intensive sensitization and training of players in the justice sector be carried out for effective implementation of the Act.

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