Is Obeying Orders From Above A Defence For Torture In Nigeria.

Daily Law Tips (Tip 409) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)

IS OBEYING ORDERS FROM ABOVE A DEFENCE FOR TORTURE IN
NIGERIA.

Do you know that, TORTURE is when pain or suffering, whether
physical or mental is knowingly inflicted on any person to obtain
information, punish, intimidate or force such person or any other
person by or at the orders of a public official or any person
acting on official capacity without lawful sanction/authority.
Torture can be physical, mental or even both.

Torture includes; beatings, food deprivation, rubbing of
pepper/chemicals, assuming of stressful bodily positions, rape,
exposure to cold/sunlight, use of drugs, blindfolding, threat,
prolonged interrogation, unscheduled transfer of persons, secret
detention, denial of sleep, shaming, stripping naked and parading
in public places. There is no justification for torture, not even
war, national security or high profile case.

By the Anti-Torture Act 2017, an order from above, from superior
officers, authority, even from the president of Nigeria, for the
torture of any person is not a justification for torture. Rather
the superior officers, the lower officers and all other persons
involved in torture are punishable upon conviction with up to 25
years imprisonment. Plus the possibility of payment of monetary
compensation and making of public apologies to the tortured person.
Where death results from torture it is considered murder and as
such punishable with death.

My authorities are sections 2, 7, 8 and 13 of the Anti-Torture
Act, 2017 and section 35(6) of the Constitution of the Federal
Republic of Nigeria, 1999.

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