Nigeria’s Adherence to International Human Rights Standards Concerning the Right to Dignity and the Prohibition of torture

Contributor: Ifediora Obiora Chisom

The protection of human dignity and the prohibition of torture are core tenets of international human rights law,^[1] reflecting a universal commitment to safeguarding individuals from inhumane and degrading treatment. Nigeria, as a state party to key international treaties such as the United Nations Convention Against Torture 1984^[2] and the African Charter on Human and Peoples’ Rights 1986,^[3] has a legal obligation to uphold these principles within its domestic framework. However, systemic challenges persist in ensuring full adherence to these standards. Reports of torture, extrajudicial violence, and inhumane treatment by security forces and law enforcement agencies raise concerns about the effectiveness of legal protections and institutional enforcement mechanisms.^[4]

This article will examine Nigeria’s adherence to international human rights standards concerning the right to dignity and the prohibition of torture. It will explore legal and institutional frameworks, including the provisions of the Anti-Torture Act 2017 and constitutional safeguards, assessing their alignment with international obligations. The research will analyze human rights concerns arising from arbitrary detention, custodial abuses, and law enforcement excesses, highlighting the gap between legal commitments and practical enforcement. The study examines Nigeria’s adherence to international monitoring mechanisms and the contributions of the judiciary, civil society, and human rights institutions in ensuring accountability. It finally calls for a legal and policy framework that strengthens counter-torture efforts, aligns with global human rights standards, and includes effective enforcement mechanisms.

The Legal Basis for the Right to Dignity and the Prohibition of Torture

The right to dignity and the prohibition of torture are universally recognized as non-derogable rights under international human rights law.^[5] The Universal Declaration of Human Rights 1948 provided that no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.^[6] Similarly, the International Covenant on Civil and Political Rights 1966, reinforces this prohibition.^[7] The United Nations Convention Against Torture 1984 further provides a comprehensive framework for preventing torture, including obligations for states to criminalize torture,^[8] investigate allegations,^[9] and provide redress for victims.^[10] Regionally, the African Charter on Human and Peoples’ Rights affirms these protections, emphasizing that every individual has the right to respect for their dignity and protection against torture and inhuman treatment.^[11] Nigeria’s domestic legal system is expected to reflect these commitments to ensure effective compliance.

Importantly, Nigeria has made legislative efforts to align with international human rights obligations by enacting laws aimed at prohibiting torture and upholding human dignity. The 1999 Constitution guarantees the right to dignity explicitly prohibiting torture, inhuman, and degrading treatment.^[12] The Anti-Torture Act 2017 provides a legal definition of torture,^[13] criminalizes it, with grave penalty for defaulters. ^[14] Additionally, the Administration of Criminal Justice Act (ACJA) 2015 incorporates safeguards to prevent inhumane treatment of detainees^[15] and ensure fair trial rights.^[16] While these laws mark significant progress, enforcement mechanisms remain weak, allowing widespread violations to persist.

Moreso, Nigeria has established institutions tasked with the enforcement of human rights protections, including the National Human Rights Commission,^[17] the judiciary,^[18] and the police.^[19] The National Human Rights Commission play an important role in investigating human rights abuses and making recommendations for redress.^[20] The judiciary, through its constitutional role, has the power to interpret laws and hold violators accountable.^[21] However, the effectiveness of these institutions is often undermined by political interference, corruption, and limited operational capacity. Law enforcement agencies, which are expected to uphold the rule of law, are frequently implicated in cases of torture and degrading treatment, further eroding public confidence in the justice system.^[22]

The Situation in Nigeria

Reports from human rights organizations, including Amnesty International^[23] and Human Rights Watch,^[24] indicate that torture and inhumane treatment are pervasive in Nigeria’s security operations. Law enforcement agencies, particularly the police and military, have been accused of using torture as a means of extracting confessions, punishing suspects, and instilling fear.^[25] The Special Anti-Robbery Squad (SARS), before its disbandment in 2020, was notorious for extrajudicial killings, forced disappearances, and brutal torture methods.^[26] Similar patterns have been documented within military operations against insurgent groups, where civilians are often subjected to degrading treatment under the guise of counterterrorism efforts.^[27]

The judiciary serves as a critical mechanism for upholding human rights and providing redress for victims of torture.^[28] Courts have the power to hold perpetrators accountable, award compensation to victims, and declare violations unconstitutional.^[29] However, the judicial process in Nigeria is often slow, expensive, and susceptible to political influence.^[30] The lack of judicial independence in prosecuting security officials accused of torture has led to limited convictions, fostering a climate of impunity.

It is pertinent to note that International human rights monitoring bodies, such as the UN Committee Against Torture^[31] and the African Commission on Human and Peoples’ Rights,^[32] periodically assess Nigeria’s adherence to treaty obligations. While Nigeria submits periodic reports to these bodies, concerns have been raised regarding the lack of concrete actions to address persistent human rights violations. The failure to implement recommendations from international human rights mechanisms reflects a gap between legal commitments and practical enforcement.^[33]

Civil society organizations play a vital role in monitoring human rights violations, providing legal assistance to victims, and advocating for policy reforms.^[34] Human rights groups such as Amnesty International Nigeria,^[35] the Legal Defence and Assistance Project (LEDAP),^[36] and Prisoners’ Rehabilitation and Welfare Action (PRAWA) ^[37] have documented cases of torture and campaigned for stronger legal protections. However, Civil society organizations often face governmental restrictions, intimidation, and lack of access to key institutions, limiting their ability to hold authorities accountable.^[38]

Challenges to Nigeria’s Adherence to International Human Rights Standards

1. Culture of Impunity Among Security Forces: Security agencies in Nigeria, including the police and military, have long been accused of human rights violations, including torture and extrajudicial killings.^[39] However, due to weak enforcement of legal provisions, security personnel often evade prosecution. This culture of impunity emboldens further abuses and weakens public trust in law enforcement institutions.

2. Weak Oversight and Lack of Accountability Mechanisms: The absence of independent and effective oversight mechanisms allows human rights violations to persist.^[40] Existing bodies, such as the Police Service Commission and National Human Rights Commission, often lack the authority, resources, or political will to hold perpetrators accountable, leading to unchecked violations.

3. Barriers to Justice for Victims of Torture: Many victims of torture struggle to access legal remedies due to financial constraints, bureaucratic delays, and fear of retaliation.^[41] The judicial process in Nigeria is slow and expensive, discouraging victims from pursuing justice.^[42] Furthermore, legal aid services are often inadequate, leaving many without representation.^[43]

4. Intimidation and Systemic Suppression of Complaints: Victims and human rights activists who report cases of torture and abuse frequently face threats, harassment, or unlawful detention.^[44] This systemic suppression discourages whistleblowing and prevents the documentation of violations, making accountability efforts even more difficult.

5. Inhumane Detention Conditions and Prolonged Pretrial Detention: Many detention facilities in Nigeria suffer from overcrowding, poor hygiene, inadequate medical care, and prolonged pretrial detention.^[45] Detainees, particularly those held on politically motivated charges or in counterterrorism operations, often face inhumane treatment, further increasing the country’s human rights crisis.

Conclusion

Nigeria’s commitment to international human rights standards on dignity and the prohibition of torture is undermined by systemic failures in enforcement and accountability. Despite ratifying key treaties and enacting laws like the Anti-Torture Act 2017, weak implementation fosters impunity among security forces. Persistent reports of torture, extrajudicial killings, and inhumane detention expose the gap between legal provisions and actual practice. Judicial inefficiencies, political inertia, and ineffective oversight further enable these violations, while victims face significant barriers to justice. Nigeria’s failure to implement international recommendations underscores its struggle to align domestic policies with global human rights obligations.

Recommendations

1. Strict Enforcement of Anti-Torture Laws and Judicial Reforms: There should be thorough investigations, prosecutions, and penalties for human rights violations, alongside judiciary reforms to promote intelligence-based, non-coercive investigations.

2. Independent Oversight & Institutional Strengthening: There should be a specialized, independent body to investigate and prosecute torture cases, with increased funding for the National Human Rights Commission and Legal Aid Council to enhance human rights enforcement.

3. Improvement of Detention Conditions and Monitoring: There should be measures to reduce pretrial detentions, improve prison conditions, and establish independent monitoring of detention facilities.

4. Domestication of International Human Rights Treaties: There should be full integration of the provisions of UNCAT and the ratification of OPCAT to align Nigeria’s legal framework with global anti-torture standards.

5. Use of Technology for Transparency & Accountability: There should be widespread adoption of body cameras, CCTV in detention centers, and digital case tracking to prevent and monitor human rights abuses.

6. Mandatory Human Rights Training for Law Enforcement: There should be compulsory training for security forces on ethical policing, human rights compliance, and non-violent investigation methods.

7. Protection of Human Rights Defenders and Whistleblowers: There should be stronger legal safeguards to shield activists, journalists, and whistleblowers from threats, harassment, or retaliation.

REFERENCE

1. ICRC, ‘Prohibition and punishment of torture and other forms of ill-treatment’ < https://www.icrc.org/sites/default/files/document/file_list/prohibition-and-punishment-of-torture-icrc-eng.pdf> Accessed 20^th Mach, 2025. ↑
2. United Nations Convention Against Torture 1984, Article 2. ↑
3. African Charter on Human and Peoples’ Rights 1986, Article 26. ↑
4. US Department of State, ‘2023 Country Reports on Human Rights Practices: Nigeria’ < https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/nigeria/> Accessed 20^th Mach, 2025. ↑
5. S Greer, ‘Is the Prohibition against Torture, Cruel, Inhuman and Degrading Treatment Really ‘Absolute’ in International Human Rights Law?’ Human Rights Law Review (2015) 1(1), 1-37. ↑
6. Universal Declaration of Human Rights 1948, Article 5. ↑
7. International Covenant on Civil and Political Rights 1966, Article 7. ↑
8. United Nations Convention Against Torture 1984, Article 4. ↑
9. Ibid, Article 12 and 13. ↑
10. Ibid, Article 14. ↑
11. African Charter on Human and Peoples’ Rights 1986, Article 5. ↑
12. Constitution of the Federal Republic of Nigeria 1999 (As Amended) s34. ↑
13. Anti-Torture Act 2017, s2. ↑
14. Ibid, s9. ↑
15. Administration of Criminal Justice Act (ACJA) 2015, s8. ↑
16. Ibid, s6 ↑
17. National Human Rights Commission Act 1995, s1. ↑
18. Constitution of the Federal Republic of Nigeria 1999 (As Amended) s6. ↑
19. Ibid, s214. ↑
20. Ibid, s5. ↑
21. Ibid, s6. ↑
22. Human Rights Watch, ‘Rest in Pieces: Police Torture and Deaths in Custody in Nigeria’ < https://www.hrw.org/report/2005/07/27/rest-pieces/police-torture-and-deaths-custody-nigeria> Accessed 23^rd March, 2025. ↑
23. Amnesty International, ‘Torture in Nigeria: In summary’ < https://www.amnesty.org/en/wp-content/uploads/2021/07/afr440052014en.pdf> Accessed 23^rd March, 2025. ↑
24. Human Rights Watch, ‘Torture and Cruel, Inhuman or Degrading Treatment or Punishment’ < https://www.hrw.org/reports/2005/nigeria0705/6.htm> Accessed 23^rd March, 2025. ↑
25. Ibid. ↑
26. BE Ecoma, ‘A post-mortem assessment of the #EndSARS protest and police brutality in Nigeria’ African Human Rights Law Journal (2023) 23(1), 156-181. ↑
27. UA Nwagwu and OU Enwelum, ‘Analysis of Human Rights Implication During Counter-Terrorism Operations in Nigeria’ NAUJILJ (2024) 15(2), 29-39. ↑
28. Constitution of the Federal Republic of Nigeria 1999 (As Amended), s46. ↑
29. Ibid, s6. ↑
30. LL Lakai, ‘The Nigerian judiciary in the 21st century and the challenges in justice delivery’ < https://www.nomos-elibrary.de/de/10.5771/2363-6262-2017-3-424.pdf?download_full_pdf=1> Accessed 24^th March, 2025. ↑
31. United Nations, ‘In Initial Dialogue with Nigeria, Experts of Committee against Torture Ask about the Fight against Terrorism, and Conditions of Detention’ < https://www.ohchr.org/en/press-releases/2021/11/initial-dialogue-nigeria-experts-committee-against-torture-ask-about-fight> Accessed 25^th March, 2025. ↑
32. African Commission on Human and Peoples’ Rights, ‘Concluding Observations and Recommendations – Nigeria: 6th Periodic Report, 2015 – 2016’ < https://achpr.au.int/en/state-reports/concluding-observations-and-recommendations-nigeria-6th-periodic-report-2015> Accessed 25^th March, 2025. ↑
33. EO Okebukola, ‘The Application of International Law in Nigeria and The Façade of Dualism’ NAUJILJ (2020) 11(1), 15-28. ↑
34. K George and T Manuwa, ‘The Role of Civil Society and Social Movements in Promoting Human Rights and Democracy’ International Journal of Management, Social Sciences, Peace and Conflict Studies (2023) 6(4), 321-334. ↑
35. Amnesty International, ‘Torture in Nigeria: In summary’ < https://www.amnesty.org/en/wp-content/uploads/2021/07/afr440052014en.pdf> Accessed 25^th March, 2025. ↑
36. LEPAD, ‘Free Legal Representation to the Victims of Human Rights Violation’ < https://ledapnigeria.org/> Accessed 25^th March, 2025. ↑
37. I Ariyo, ‘Torture victims recount ordeal, seek prosecution of perpetrators’ < https://nannews.ng/2023/09/04/torture-victims-recount-ordeal-seek-prosecution-of-perpetrators/> Accessed 25^th March, 2025. ↑
38. FO Anyim-Ben, A Itumo and A Benjamin, ‘Challenges of Shrinking Civic Space and the Path towards Sustainable Democracy in Nigeria: Lessons from the President Muhammadu Buhari Administration’ African Journal of Politics and Administrative Studies (2023) 16(2), 1-22. ↑
39. UA Nwagwu and OU Enwelum, ‘Analysis of Human Rights Implication During Counter-Terrorism Operations in Nigeria’ NAUJILJ (2024) 15(2), 29-39. ↑
40. NH Woruh-Okolie and CO Joseph-Asoh, ‘Legal and Institutional Frameworks for Human Rights Protection in Nigeria: Challenges and Pathways to Effective Enforcement’ Fountain University Law Journal (2024) 1(2), 200-219. ↑
41. UN, ‘Nigeria: Urgent measures needed to end torture and ill-treatment, say experts’ < https://www.ohchr.org/en/press-releases/2024/09/nigeria-urgent-measures-needed-end-torture-and-ill-treatment-say-experts> Accessed 25^th March, 2025. ↑
42. O Oko, ‘Seeking Justice in Transitional Societies: An Analysis of the Problems and Failures of the Judiciary in Nigeria’ Brooklyn Journal of International Law (2005) 31(1), 9-80. ↑
43. O Onyema and LA Oti-Onyema, ‘Limitations of the Legal Aid Council of Nigeria: Need for Action Plan’ International Journal of Law and Clinical Legal Education (2020) 1(1), 149-158. ↑
44. Human Rights Watch, ‘Everyone’s in on the Game: Corruption and Human Rights Abuses by the Nigeria Police Force’ <https://www.hrw.org/report/2010/08/17/everyones-game/corruption-and-human-rights-abuses-nigeria-police-force > Accessed 25^th March, 2025. ↑
45. O Eyitayo and others, ‘Prison overcrowding trend in Nigeria and policy implications on health’ Cogent Social Sciences (2021) 7(1), 1-11. ↑