Daily Law Tips (Tip 463) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)
A COMMANDING OFFICER OF A UNIT IS RESPONSIBLE FOR ANY
TORTURE COMMITTED BY HIS UNIT/SUBORDINATES.
Torture is the intentional infliction of mental or physical
pain/suffering on a person ignorer to obtain
information/confession, or punish, intimidate and force him or a
third party.
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.
Where there is torture in any security agency, the immediate
commanding officer officer in-charge of the unit/department that
committed such offence of torture will be held liable as an
accessory to the crime, for any act or omission or negligence on
his part that may have led to the commission of torture by his
subordinates/colleagues. The punishment for torture is imprisonment
for not more than 25 years and there is no option for fine.
My authorities are sections 2, 8(4) and 14 of the Anti-Torture
Act, 2017 and section 35 of the Constitution of the Federal
Republic of Nigeria, 1999.
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