THE average security officer  in Nigeria goes about with a horse whip which he uses at will.
Claims of brutality have become commonplace among the populace. In fact, there is hardly any human rights report that does not indict law enforcement agents.

For instance, the recently released 2010 Amnesty International report on Nigeria noted that Nigerians are still being subjected to undue treatment. With  low pay, minimal training and old equipment, security agencies in the country  have always been accused of shooting first and asking questions later.

Whereas  the 1999 Constitution recognises freedom from torture, the sanctity of life, liberty to move freely without restriction and the presumption of innocence until proven guilty, accused people have continued to experience the reverse.

Following this, lives are wasted in the name  of maintaining law and order. Therefore, the role of security agencies as institutions established to maintain social order, enforce laws of the country without fear or favour is now being questioned.

Why allegations of torture and murder are rife, it is still to be seen whether  calls for strict adherence to international conventions against torture, which Nigeria is committed to would be adhered to. Charles Kumolu reports.

HAVING spent  twenty years in the service of his nation, Mr. Fakere Adegboyega, is sure of a better pay if he decides to retire from public service.

Even if he chooses to serve out the remaining fifteen years in order to complete the statutory years of service, his take home would be something to cheer about. At least, that would go a long way in reducing the fear of retirement.

This is the wish of the average Nigerian civil servant. But Mr.Adegboyega cannot beat his chest with such confidence as his two decades  in the Nigeria Police Force,NPF, has become a wasted journey. And the reason for this is not far to seek.

For allegedly torturing a suspect, Monsuru  Akanji, to death, Adegboyega was recently dismissed from the Force.
Adegboyega, an Investigating  Police Officer (IPO) attached to Agodi Divisional Police Headquarters, was alleged to have tortured the student to death over an allegation that he stole a laptop at Iwo Road. The deceased’s friend, Dele Dare, had reported at the police station that Akaniji stole his laptop, and  Adegboyega was asked to investigate the matter.

For a Police Force noted for habitual use of torture, that action seems like an indication that it (NPF) is yielding to global outcry against the use of torture.

Notwithstanding, it is believed that the Force is not the only law enforcement agency involved in the use of torture.
It was gathered that the Force’s prime position in law enforcement makes it easily fingered each time the issue is mentioned.   VanguardFeatures,VF investigation however revealed that all law enforcement agencies do not seem to be in a haste to stop torture as a means of getting information from suspects.

These agencies are noted for committing widespread and systemic torture during interrogations. And this was underscored by the 2010 Amnesty International Report on Nigeria.

Indicting the police, the AI report said, “the police frequently used torture and other ill treatment when interrogating suspects and there was no standardised mechanism to prevent such practices. Confessions extracted under torture continued to be used as evidence in court.”

For instance, the report said, “On 19 November, three Okada riders were accused by community members of theft and handed over to the police. The men said their motorbikes had been stolen by the community. They were held for seven days by the Special Anti-Robbery Squad (SARS) in Borokiri, Port Harcourt, and beaten every night with the butt of a gun and an iron belt.

They also said they were given water mixed with chemicals to drink, which caused internal wounds. The same water was poured over their bodies, causing pain and a rash. After an NGO lodged a complaint, the men were released on bail.”

Given that United Nations Convention Against Torture which Nigeria is a signatory to frowns at torture, it is expected that the government makes appreciable efforts at reducing it.

Nonetheless, article 2 of the convention which Nigeria signed in July 28, 1988 and ratified on 28 June 2001 “prohibits torture, and requires parties to take effective measures to prevent it in any territory under its jurisdiction.

This prohibition is absolute and non-derogable. “No exceptional circumstances whatsoever” may be invoked to justify torture, including war, threat of war, internal political instability, public emergency, terrorist acts, violent crime, or any form of armed conflict. Torture cannot be justified as a means to protect public safety or prevent emergencies.” It also mandated that “Neither can it be justified by orders from superior officers or public officials.

The prohibition on torture applies to all territories under a party’s effective jurisdiction, and protects all people under its effective control, regardless of citizenship or how that control is exercised. Since the Conventions entry into force, this absolute prohibition has become accepted as a principle of customary international law.”

What this means is that, no matter how terrible a suspect’s offence might be, torture should not be considered as a means of getting information or confession.

But could that be said of the situation in Nigeria, where suspects are usually subjected to torture?

“Torture is illegal and anybody promoting it is going against the law. Nigeria is a signatory to international obligations against torture.

There are modern tools of investigation that should be adopted instead of torture. And these  are advocated all over the world. There is no reason why any information should be got from anyone through torture because when you subject someone to torture, he can say anything under duress.

The person would say what the torturer wants for the torture to stop. It is not an option that should not be considered,” Otivie Ibuzor, who is a member of Police Service Commission,PSC, told VF.

But a top officer with one of the security agencies,  who confided in this reporter,  noted that criminals can only own up to crime when tortured.

Although, the source did not undermine the efficacy of modern investigating tools, he insisted that, “torture cannot be eradicated as a means of interrogation. We know what the law says but we should be honest with ourselves. We are dealing with criminals. These crooks learn nothing and forget nothing. Tell me how and why they should be handled with kid gloves?”

But  Ibuzor disagreed on this point. “ Torture has been made  illegal by international convention against torture and Nigeria has ratified that convention,” he insisted, adding that, “there is no modern state in the twenty first century that should encourage torture as a way of investigation. The solution is to get the authorities to get the modern investigative tools and not to continue torture.”

Further findings revealed that even with current investigative tools, the use of  torture may not reduce, given the existence of other forms of torture.

Corroborating this, Barrister Odiana Erriatta said, “we have a lot of conventions against it, but it is unfortunate that people still complain about it. Even if torture is stopped, capital punishment is still an extension of torture. Some  governors want approved the execution of condemned criminals, that is another extension of torture. Even if those convicts are executed it would not reduce crime.”

That  position  has raised the  question of wether  torture is really  an extension of capital punishment.

Instructively, United Nations Declaration against Torture, recognises it as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”.

Chief Richard Akinjide, a former Attorney General of the federation disagreed with Erriatta on that.

The legal luminary, told VF that capital punishment is not an extension of torture. He insisted that death penalty is a question of  municipal law, saying that, “It is not. Capital punishment is a question of municipal law. That is why there is no universal rule of law on capital punishment. It is a matter of municipal law,” he noted.

Regardless of that, another angle of torture in Nigeria is that victims, who were tortured are usually scared to speak out.

But Otunba Gani Adams does not belong to that group. He told VF that he was tortured by security agencies during his numerous detentions.

The National Coordinator of Odua Peoples Congress,OPC, who noted that beyond physical torture, he was subjected to psychological  torment by law enforcement agents, said, “soon after some of those arrest, the torture begins. There was an instance that I was left to sleep on the bare floor.

We should all strive to stop that kind of treatment. I had a lot of ugly experiences. There was a time I was handcuffed to the prison and the Judge shouted at the prison official who immediately removed the handcuffs on me.”