Lead Protest Against Torture, Falana Tells NBA, NHRC

Femi Falana, A Senior Advocate of Nigeria (SAN) has called on the Nigerian Bar Association (NBA) and National Human Rights Commission (NHRC) to sensitize citizens on the need to report torture by security agencies.

This was as the human rights lawyer said it is a violation of the 1999 Constitution and local and international laws to denigrate any citizens through torture.

Falana made this call on Sunday in reaction to the armed agents raiding markets in Lagos and brutalizing traders under the guise of searching for contraband goods.

He referred to the roots of these violations, in Mogaji v. Board of Customs & Excise (1982), saying, “It was a violation of the constitutional prohibition of inhuman or degrading treatment to organize a raid with the use of guns, horse-whips, and tear gas in a market.”

He further posited that the law was clear in the Anti-Torture Act. He said it was the duty of the government to protect the rights of all persons.

“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,” he stated.

The Senior Advocate of Nigeria stressed that according to the Anti-Torture Act, “A person who commits torture shall be liable on conviction to imprisonment for a term of 25 years. If death occurs as a result of the torture, the offender will face murder charges.”

The human rights lawyer regretted that “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.

He emphasized the need for the NBA, NHRC and the human rights community to lead the charge against torture.

“It has become necessary for the National Human Rights Commission, the Nigerian Bar Association, and the human rights community to mobilize Nigerians to expose and report violations,” he added.