ANTI-TORTURE ACT, 2017
Act · Security
Policy date: 2017-01-01
An Act criminalises torture and cruel treatment by public officers in Nigeria. It targets law enforcement, military personnel, and prison officers to prevent such practices. This aims to eliminate torture and provide redress for victims.
ANTI-TORTURE ACT, 2017
What Is This Policy?
An Act that criminalises all forms of torture and other cruel, inhuman, or degrading treatment by any public officer in Nigeria, giving effect to Nigeria's obligations under the UN Convention Against Torture.
Who Does It Target?
Law enforcement officers (Police, DSS, EFCC, Customs) Military personnel involved in detention Prison and correctional facility officers Any public official with custodial responsibilities
What Does It Aim to Achieve?
Eliminate torture and cruel treatment from Nigerian detention and interrogation practices, provide redress for victims, and hold perpetrators criminally accountable.
Key Features
Criminalisation of Torture: Makes torture by any public officer a criminal offence punishable by up to 25 years imprisonment. Wide Definition: Defines torture broadly to include physical, mental, and psychological pain inflicted to extract confessions or punish suspects. Non-Derogability: Explicitly states that no exceptional circumstances, including armed conflict or public emergency, may justify torture. Victim Remedies: Entitles torture victims to compensation, rehabilitation, and other forms of redress.
Current Status
Rollout Stage: Active - enforcement is the responsibility of law enforcement supervisory authorities and courts Coverage: Nationwide, binding on all public officers Beneficiaries: Persons in detention, criminal suspects, and all Nigerians Funding: Federal Government
How to Access
Victims or their representatives may report torture to the Police, NHRC, or a court Complaints may also be filed with the National Human Rights Commission Application method: File complaints with the National Human Rights Commission (NHRC) or the courts.
Important Terms
Superior orders are not a defence to a charge of torture Evidence obtained through torture is inadmissible in court Statute of limitations does not apply to torture offences
Impact & Metrics
Legal codification of the right to be free from torture; basis for prosecution of security officers engaged in custodial abuse.
Official Resources
Website: https://www.nhrc.gov.ng Contact: National Human Rights Commission (NHRC)
Legal Framework
The Anti-Torture Act 2017 domesticates the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which Nigeria ratified in 2001. It operates alongside the Administration of Criminal Justice Act 2015, the Police Act 2020, and the 1999 Constitution (Section 34 — right to dignity of the human person). The National Human Rights Commission Act and the Public Complaints Commission Act provide oversight and remedy mechanisms.