Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment. In December 2017, the president signed the Anti-Torture Act, which defines and specifically criminalizes torture. The Act prescribes offences and penalties for any person, including law enforcement officers, who commits torture or aids, abets, or by act or omission is an accessory to torture. It also provides a basis for victims of torture to seek civil damages. The Administration of Criminal Justice Act (ACJA), passed in 2015, prohibits torture and cruel, inhuman, or degrading treatment of arrestees; however, it fails to prescribe penalties for violators. Each state must also individually adopt the ACJA for the legislation to apply beyond the FCT and federal agencies. As of November the states of Akwa Ibom, Anambra, Cross Rivers, Delta, Ekiti, Enugu, Kaduna, Lagos, Ogun, Ondo, Oyo, and Rivers had adopted ACJA-compliant legislation.
The Ministry of Justice previously established a National Committee Against Torture (NCAT). Lack of legal and operational independence and lack of funding, however, prevented NCAT from carrying out its work effectively.
The law prohibits the introduction into trials of evidence and confessions obtained through torture. Authorities did not respect this prohibition, however, and, according to credible international organizations, the Special Antirobbery Squad (SARS) often used torture to extract confessions later used to try suspects. Police also repeatedly mistreated civilians to extort money.
In 2016 AI reported police officers in the SARS regularly tortured detainees in custody as a means of extracting confessions and bribes. In response to AI’s findings, the inspector general of police reportedly admonished SARS commanders and announced broad reforms to correct SARS units’ failures to follow due process and their use of excessive force. Allegations of widespread abuse by SARS officers, however, continued throughout the year. In late 2017 citizens began a social media campaign (#EndSARS) to document physical abuse and extortion by SARS officers and demand SARS units be disbanded. In December 2017 the inspector general of police announced plans to reorganize SARS units, but complaints of abuse continued. Several SARS officers were dismissed from the force and, in some instances, prosecuted, and the National Police Force (NPF) sought technical assistance for investigations of SARS officers. The vast majority of misconduct cases, however, went uninvestigated and unpunished. In August then-acting President Yemi Osinbajo ordered the inspector general of police to overhaul the management and activities of SARS, and ordered the NHRC to set up a “Special Panel” with public hearings on SARS abuses. The panel’s work was ongoing at the end of the year and it had not yet issued a report.
Local nongovernmental organizations (NGOs) and international human rights groups accused the security services of illegal detention, inhuman treatment, and torture of criminal suspects, militants, detainees, and prisoners. Military and police reportedly used a range of torture methods including beatings while bound, rape and other forms of sexual violence. According to reports, security services committed rape and other forms of violence against women and girls, often with impunity. As of December the government had not held any responsible officials to account for reported incidents of torture in detention facilities in the Northeast, including Giwa Barracks.
Police used a technique commonly referred to as “parading” of arrestees, which involved walking arrestees through public spaces and subjecting them to public ridicule and abuse. Bystanders often taunted and hurled food and other objects at arrestees.
The sharia courts in 12 northern states may prescribe punishments such as caning, amputation, and death by stoning. The sharia criminal procedure code allows defendants 30 days to appeal sentences involving mutilation or death to a higher sharia court. Statutory law mandates state governors treat all court decisions equally, including amputation or death sentences, regardless of whether issued by a sharia or a nonsharia court. Authorities, however, often did not carry out caning, amputation, and stoning sentences passed by sharia courts because defendants frequently appealed, a process that could be lengthy. Federal appellate courts had not ruled on whether such punishments violate the constitution because no relevant cases reached the federal level. Although sharia appellate courts consistently overturned stoning and amputation sentences on procedural or evidentiary grounds, there were no challenges on constitutional grounds.
There were no reports of canings during the year. Defendants generally did not challenge caning sentences in court as a violation of statutory law. In the past sharia courts usually carried out caning immediately. In some cases convicted individuals paid fines or went to prison in lieu of caning.
The United Nations reported that it had received four allegations of sexual exploitation and abuse against peacekeepers from Nigeria deployed to the United Nations Mission in Liberia. The cases involve both sexual exploitation (three allegations) and abuse (one allegation). Investigations both by the United Nations and Nigeria were pending. Three allegations were reported in 2017.
Prison and Detention Center Conditions
Prison and detention center conditions remained harsh and life threatening. Prisoners and detainees reportedly were subjected to torture, gross overcrowding, inadequate medical care, food and water shortages, and other abuses; some of these conditions resulted in deaths. The government often detained suspected militants outside the formal prison system (see section 1.g.).
Physical Conditions: Overcrowding was a significant problem. Although the total designed capacity of the country’s prisons was 50,153 inmates, as of July they held 73,631 prisoners. Approximately 68 percent of inmates were in pretrial detention or remanded. As of July there were 1,475 female inmates. Authorities sometimes held female and male prisoners together, especially in rural areas. Prison authorities often held juvenile suspects with adults.
Prisoners and detainees were reportedly subjected to torture, gross overcrowding, food and water shortages, inadequate medical treatment, deliberate and incidental exposure to heat and sun, and infrastructure deficiencies that led to wholly inadequate sanitary conditions that could result in death. Guards and prison officials reportedly extorted inmates or levied fees on them to pay for food, prison maintenance, transport to routine court appointments, and release from prison. Female inmates in some cases faced the threat of rape.
Most of the 240 prisons were 70 to 80 years old and lacked basic facilities. Lack of potable water, inadequate sewage facilities, and severe overcrowding resulted in dangerous and unsanitary conditions. For example, according to press reports from December 2017, Agodi Minimum Security Prison, in Oyo State, had 1,104 inmates despite a maximum capacity of 390. Port Harcourt Prison, designed to hold 800 inmates, held approximately 5,000, while Kirikiri Maximum Security Prison in Lagos, with a capacity of 956 inmates, held approximately 2,600.
Disease remained pervasive in cramped, poorly ventilated prison facilities, which had chronic shortages of medical supplies. Inadequate medical treatment caused many prisoners to die from treatable illnesses, such as HIV/AIDS, malaria, and tuberculosis. In April 2017 the Lagos State Controller of Prisons stated that 32 inmates died in 2016 in a single Lagos prison due to lack of access to medical care. The House of Representatives confirmed more than 900 inmates died in prisons across the country in 2016 due to severe lack of drugs and health care. Although authorities attempted to isolate persons with communicable diseases, facilities often lacked adequate space, and inmates with these illnesses lived with the general prison population. There were no reliable statistics on the total number of prison deaths during the year.
Only prisoners with money or support from their families had sufficient food. Prison officials routinely stole money provided for prisoners’ food. Poor inmates often relied on handouts from others to survive. Prison officials, police, and other security force personnel often denied inmates food and medical treatment to punish them or extort money.
In general prisons had no facilities to care for pregnant women or nursing mothers. Although the law prohibits the imprisonment of children, minors–many of whom were born in prison–lived in the prisons. The NGO Citizens United for the Rehabilitation of Errants (CURE)-Nigeria reported children in some cases remained with their inmate mothers up to at least age six. While the total number of children living in prison with their mothers was unknown, CURE-Nigeria’s April 2017 survey of 198 of the country’s women inmates found more than 30 women with children in just three prisons. Approximately 10 percent of survey respondents reported they were pregnant. Results of surveys of women and children in prisons conducted by CURE-Nigeria revealed many children in custody did not receive routine immunizations, and authorities made few provisions to accommodate their physical needs, to include hygiene items, proper bedding, proper food, and recreation areas. According to its 2016 report, female inmates largely relied on charitable organizations to obtain hygiene items.
Generally prisons made few efforts to provide mental health services or other accommodations to prisoners with mental disabilities (see section 6).
Several unofficial military prisons continued to operate, including the Giwa Barracks facility in Maiduguri, Borno State. Although conditions in the Giwa Barracks detention facility reportedly marginally improved, detainees were denied due process and subjected to arbitrary and indefinite detention in conditions that remained harsh and life threatening (see section 1.g.). An AI report released in May documented multiple cases where women determined their husbands had died in custody in previous years. The same report also documented the arbitrary detention of women and children at Giwa Barracks. AI reported that citizens were generally not able to access any information about the fate or welfare of family members in military detention, or whether they were in fact detained. There were no reports of accountability for past reported deaths in custody, nor for earlier reports from AI alleging that an estimated 20,000 persons in the region were arbitrarily detained between 2009-15 with as many as 7,000 dying of thirst, starvation, suffocation, disease due to overcrowding, lack of medical attention, the use of fumigation chemicals in unventilated cells, torture, or extrajudicial execution.
After multiple releases during the year (see Improvements sub-subsection), it was unclear how many children or adults remained in detention at Giwa Barracks or other unofficial detention facilities. According to press and NGO reporting, the military continued to arrest and remand to military detention facilities, including Giwa Barracks, additional persons suspected of association with Boko Haram or ISIS-WA.
The government continued to arrest and, in some cases, inappropriately detain for prolonged periods, women and children removed from or allegedly associated with Boko Haram and ISIS-WA. They included women and girls who had been forcibly married to or sexually enslaved by the insurgents. The government reportedly detained them for screening and their perceived intelligence value. A credible international organization, however, reported the typical length of time spent in detention shortened during the year. Separately, an AI report from May documented severe restrictions on freedom of movement for IDPs held in satellite camps in many parts of Borno State. According to the report, restrictions on entry and exit confined IDPs, in some instances, to conditions constituting de facto detention for prolonged periods.
Administration: While prison authorities allowed visitors within a scheduled timeframe, few visits occurred, largely due to lack of family resources and travel distances.
The ACJA provides that the chief judge of each state, or any magistrate designated by the chief judge, shall conduct monthly inspections of police stations and other places of detention within the magistrate’s jurisdiction, other than prisons, and may inspect records of arrests, direct the arraignment of suspects, and grant bail if previously refused but appropriate.
The NHRC conducts prison audits. Despite an expressed willingness and ability to investigate credible allegations of inhuman conditions, however, the NHRC has not publicly released an audit report since 2012. In June the NHRC announced it was beginning a nationwide audit of all detention facilities. As of October the audit was not complete. Through its Legal Aid Council, the Ministry of Justice reportedly provided some monitoring of prisons through the Federal Government Prison Decongestion Program.
Independent Monitoring: There was limited monitoring of prisons by independent nongovernmental observers. The International Committee of the Red Cross had access to police detention, Nigerian Prisons Services (NPS), and some military detention facilities.
Improvements: An international organization reported that at least 2,486 persons were released from Giwa Barracks during the year. The majority were transferred to a rehabilitation center run by the Borno State government in Maiduguri. Another 159 were transferred to a deradicalization program in Gombe State, under the auspices of Operation Safe Corridor (OPSC). For the first time OPSC graduated 91 former low-level Boko Haram affiliate members and former Giwa Barracks detainees from its deradicalization program. Some OPSC graduates faced difficulty in reintegrating into communities due to stigmatization from being associated with Boko Haram, and 46 graduates originally from Gwoza LGA were initially “rejected” by their communities. The Gwoza LGA subcommittee on reintegration was actively working with the community to reintegrate them.