Nine years after Nigeria enacted the Anti-Torture Act to end torture and ill-treatment by state agents, the law’s promise still struggles to find life in reality. Instead of ending fear and impunity, torture persists across police stations, detention centres, and during protests. A stark reminder that legal text alone cannot protect human dignity without political will, accountability, and enforcement. THE LAW vs REALITY The Anti-Torture Act was made to align Nigeria’s justice system with international human rights norms, criminalising torture and prescribing penalties for perpetrators of torture. Legal Implications of Torture under the Act : Imprisonment: Up to 25 years for acts of torture. Murder Charge: If the torture causes the death of the victim, the penalty is for murder. Liability of Superiors: Any superior officer (military, police, or law enforcement) who authorizes, encourages, or fails to prevent torture by subordinates is held equally liable as a principal. No Justification: An order from a superior officer cannot be used as a defense to justify torture. Compensation: The penalties are in addition to the victim’s right to seek compensation and legal remedies under other laws. Yet, nine years on, the application of this law by prosecutors remains rare, and there are no known significant convictions under its provision. This gap in enforcement has enabled abusive security agents and other officials to operate with near-total impunity, even in the face of explicit legal prohibitions against such acts. Why Does Torture Persist? The continued practice of torture in Nigeria can be attributed to several factors, including the following: Culture of violence and Weak Enforcement: Many officers in the Nigerian Police Force and other security agencies continue to rely on forceful methods of interrogation and control, making torture a routine practice. Superiors or external oversight agencies rarely challenge these entrenched practices. Impunity and Lack of Prosecution: One of the most glaring and significant setbacks of the Anti-Torture Act has been the absence of accountability. Despite widespread reports of torture and ill-treatment by security agencies, senior law enforcement officers implicated in these abuses have not been effectively prosecuted under the Act. This signals to security agencies that violations of the Anti-Torture Act carry no consequences. Gaps in Oversight and Accountability: Bodies like the National Human Rights Commission (NHRC) and the National Committee Against Torture (NCAT), designated to monitor compliance and receive complaints, often lack independence, resources, and access to facilities. These weaknesses have allowed security agencies to continue committing abuses without being held accountable. Insufficient Awareness and Training: Enforcement of the Anti-Torture Act is further hindered by the fact that many officers, from rank–to–file to supervisors, are unfamiliar with the provisions of the Act or how to implement them. Without adequate training, the law remains simply an unread document on the shelf. THE ROLE OF THE ATTORNEY GENERAL IN COMBATING TORTURE The effective implementation of the Act largely depends on the office of the Attorney General of the Federation, which plays a central role in enforcing the Act and issuing implementation guidelines. Yet, prolonged delays in releasing these guidelines have weakened the law’s practical application. Without proactive leadership from the AG’s office, the Act risks remaining a symbolic commitment rather than an effective safeguard. To ensure the Anti-Torture Act delivers real protection for Nigerians, the Attorney General must: Lead enforcement efforts by initiating and overseeing investigations and prosecutions under the law. Coordinate with law enforcement, prosecutors, and the judiciary to guarantee that torture complaints are handled rigorously. Champion public awareness initiatives so that citizens are informed of their rights and mechanisms to report abuses. CONCLUSION: ENDING IMPUNITY While Nigeria has numerous laws aimed at protecting human rights, the real challenge lies in their implementation, accountability, and political will to actively enforce them. Punishing acts of torture is not only a legal obligation but also essential for upholding human dignity, maintaining public trust, and ensuring that justice is not only done, but seen to have been done. To fulfil the promise of the Anti-Torture Act: Authorities must move beyond symbolic gestures and ensure that the law is meaningfully applied in prosecutions. Civil societies, Right Groups, and Citizens must continue documenting violations and demanding accountability. Only through sustained enforcement and decisive action can the Anti-Torture Act move from a paper commitment to a tangible safeguard against cruelty in Nigeria. N Egenuka,`Time to create awareness, end impunity by criminialising torture’ The Guardian Newspaper (Lagos, 17 August 2021) <https://guardian.ng/features/law/time-to-create-awareness-end-imounity-by-criminalising-torture/> accessed 18 Febuary 2026 Anti-Torture Act, 2017 Ibid, s.9 9(1) Ibid, s. 9 (2)
