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Nigeria

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. 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 December only the states of Anambra, Ekiti, Enugu, and Lagos had adopted it. Final passage of an antitorture bill, initially passed in 2015 by both houses of the National Assembly but returned by President Buhari to the Senate for amendments, was pending.

The Ministry of Justice established a National Committee against Torture (NCAT). Lack of legal and operational independence and lack of funding, however, continued to prevent 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 police often used torture to extract confessions later used to try suspects. Police also repeatedly mistreated civilians to extort money.

In September AI reported police officers in the Special Antirobbery Squad (SARS) regularly tortured detainees in custody as a means of extracting confessions and bribes. For example, SARS officers in Enugu State reportedly beat one victim with machetes and heavy sticks, releasing him only after payment of 25,500 naira ($81). 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.

Local nongovernmental organizations (NGOs) and international human rights groups continued to accuse the security services of illegal detention, inhuman treatment, and torture of demonstrators, criminal suspects, militants, detainees, and prisoners. Military and police reportedly used a wide range of torture methods, including beatings, shootings, nail and tooth extractions, 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. For example, in July a police inspector allegedly raped a 15-year-old girl in Mkpat Enin, Akwa Ibom State. As of December there were no reports of any investigation into the incident.

Police continued to use 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 non-sharia 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 had 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. Sharia courts usually carried out caning immediately. In some cases convicted individuals paid fines or went to prison in lieu of caning.

In January a sharia court in Kano confirmed the death sentence for blasphemy of an Islamic cleric and eight others. They had allegedly made blasphemous statements the previous May at a religious gathering in honor of the founder of the Tijaniya sect. As of December the case remained on appeal.

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and life threatening. Prisoners and detainees were reportedly subjected to extrajudicial execution, torture, gross overcrowding, food and water shortages, and other abuses. 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 March they held 63,142 prisoners. Approximately 72 percent of inmates were in pretrial detention or remanded. There were 1,225 female inmates as of September 2015. Authorities sometimes held female and male prisoners together, especially in rural areas. In 2013 the NPS reported there were 847 juvenile inmates in juvenile detention centers, but prison authorities often held juvenile suspects with adults.

Prisoners and detainees, the majority of whom had not been tried, were reportedly subjected to extrajudicial execution, 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, 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. 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. 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 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. Infants born to inmate mothers usually remained with the mother until weaned. Although the law prohibits the imprisonment of children, minors–many of whom were born in prison–lived in the prisons. According to the Nigerian Prisons Service (NPS), in 2013 there were 69 infants in prison with their mothers. Results of a survey of women and children in prisons conducted by CURE-Nigeria and released in March 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 a report by the NGO CURE-Nigeria, female inmates largely relied on charitable organizations to obtain female 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 reported by domestic and international human rights groups–including the Giwa Barracks facility in Maiduguri, Borno State–continued to operate (see section 1.g.). In May AI reported that at least 149 individuals, including 12 children and babies, had died since January at Giwa Barracks. According to the report, overcrowding coupled with disease and inadequate access to food and water were the most likely causes of the increase in mortality at the installation. The military reportedly detained many of those at Giwa Barracks during arbitrary mass arrests based on random profiling rather than reasonable suspicion of supporting Boko Haram. The military publicly denied the findings of the report but worked with the UN Children’s Fund (UNICEF) and by October had released 876 children previously detained at the facility. It was unclear following their release how many other children or adults remained in detention at Giwa Barracks or other unofficial detention facilities.

In 2014 AI reported the mass extrajudicial executions of more than 600 recaptured prisoners at Giwa Barracks following an escape attempt. In 2013 AI had revealed the existence of previously unknown military detention facilities in the Northeast–including Giwa Barracks, and the Sector Alpha (also called “Guantanamo”) and Presidential Lodge (also called “the Guardroom”) facilities in Damaturu, Yobe State. According to AI, the military subjected detainees in them to inhuman and degrading treatment; hundreds allegedly died due to of extrajudicial killings, beatings, torture, or starvation. In response to the Giwa Barracks allegations, the military indicated it would conduct an investigation. As of December the military had not released any reports of an investigation.

Administration: Recordkeeping on prisoners was inadequate, and authorities did not take steps to improve it. Authorities maintained records for individual prisoners in paper form inconsistently and did not make them widely accessible.

While prison authorities allowed visitors within a scheduled timeframe, few visits occurred, largely due to lack of family resources and travel distances.

The country does not have an ombudsman to serve on behalf of convicted prisoners and detainees. 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 National Human Rights Commission (NHRC) conducts prison audits and in September announced the start of a new one. Despite an expressed willingness and ability to investigate credible allegations of inhuman conditions, however, the last audit report it publicly released was in 2012. Through its Legal Aid Council, the Ministry of Justice reportedly provided some monitoring of prisons under 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 continued to have access to police detention and NPS facilities. It was also able to visit some military detention facilities.

Improvements: Some individual attorneys general and prison administrators worked to improve local facilities and processes. CURE-Nigeria worked with the chief justice of the FCT to review the cases of FCT inmates incarcerated in neighboring states while awaiting trial or after having served their sentences.

d. Arbitrary Arrest or Detention

Although the constitution and law prohibit arbitrary arrest and detention, police and security services employed these practices. According to numerous reports, since 2013 the military arbitrarily arrested and detained–often in unmonitored military detention facilities–thousands of persons in the context of the fight against Boko Haram in the Northeast (see section 1.g.). In their prosecution of corruption cases, law enforcement and intelligence agencies often failed to follow due process and arrested suspects without appropriate arrest and search warrants.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police Force (NPF) is the country’s largest law enforcement agency. An inspector general of police, appointed by the president and reporting to the minister of interior, commands the NPF. In addition to traditional police responsibilities of maintaining law and order in communities in each of the states and the FCT, the inspector general oversees law enforcement operations throughout the country involving border security, marine (navigation) matters, and counterterrorism. A state commissioner of police, nominated by the inspector general and approved by the state governor, commands NPF forces in each of the states and the FCT. Although administratively controlled by the inspector general, operationally the state commissioner reports to the governor. In the event of societal violence or emergencies, such as endemic terrorist activity or national disasters that necessitate the temporary deployment to a state of additional law enforcement resources, the governor may also assume operational control of these forces.

The Department of State Services (DSS) is responsible for internal security and reports to the president through the national security adviser. Several other federal organizations have law enforcement components, such as the Economic & Financial Crimes Commission (EFCC), Attorney General’s Office, Ministry of Interior, and federal courts.

Due to the inability of law enforcement forces to control societal violence, the government increasingly turned to the armed forces in many cases. In July, for example, the military launched Operation Accord to tackle an increase in the number of herder-farmer conflicts throughout the country.

The police, DSS, and military reported to civilian authorities but periodically acted outside civilian control. The government lacked effective mechanisms and sufficient political will to investigate and punish security force abuse and corruption. The police and military remained susceptible to corruption, committed human rights abuses, and operated with widespread impunity in the apprehension, illegal detention, torture, and extrajudicial execution of suspects. The DSS also reportedly committed human rights abuses. In some cases private citizens or the government brought charges against perpetrators of human rights abuses, but most cases lingered in court or went unresolved after an initial investigation. In the armed forces, a soldier’s commanding officer determined disciplinary action, and the decision was subject to review by the chain of command under the Armed Forces Act. In March the army announced the creation of a human rights desk to investigate complaints of human rights violations brought by civilians, although as of December that office’s mandate remained unclear and no investigations had been formally initiated.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police and other security services have the authority to arrest individuals without first obtaining warrants if they have reasonable suspicion a person committed an offense, a power they often abused. The law requires that, even under a state of emergency, detainees must appear before a magistrate within 48 hours and have access to lawyers and family members. In many instances government and security officials did not adhere to this regulation without being bribed. Police held for interrogation individuals found in the vicinity of a crime for periods ranging from a few hours to several months, and after their release, authorities frequently asked the individuals to return for further questioning. The law requires an arresting officer to inform the accused of charges at the time of arrest, transport the accused to a police station for processing within a reasonable time, and allow the suspect to obtain counsel and post bail. Families were afraid to approach military barracks used as detention facilities. Police routinely detained suspects without informing them of the charges against them or allowing access to counsel and family members; such detentions often included solicitation of bribes. Provision of bail often remained arbitrary or subject to extrajudicial influence. Judges often set exceedingly stringent bail conditions. In many areas with no functioning bail system, suspects remained incarcerated indefinitely under investigative detention. Authorities kept detainees incommunicado for long periods. Numerous detainees alleged police demanded bribes to take them to court hearings or to release them. If family members wanted to attend a trial, police often demanded additional payment.

Arbitrary Arrest: Security force personnel arbitrarily arrested numerous persons during the year, although the number remained unknown. In the Northeast the military and members of vigilante groups, such as the CJTF, reportedly continued to round up individuals during mass arrests, often with no evidence against them.

Security services detained journalists and demonstrators during the year (see sections 2.a. and 2.b.).

Pretrial Detention: Lengthy pretrial detention remained a serious problem. According to NPS figures from March, 72 percent of the prison population consisted of detainees awaiting trial, often for years. The shortage of trial judges, trial backlogs, endemic corruption, bureaucratic inertia, and undue political influence seriously hampered the judicial system. In many cases multiple adjournments resulted in years-long delays. Many detainees had their cases adjourned because the NPF and the NPS did not have vehicles to transport them to court. Some persons remained in detention because authorities lost their case files.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees can challenge the lawfulness of their detention before a court and have the right to submit complaints to the NHRC. For example, in April an Abuja court ordered the EFCC to pay the sum of 10 million naira ($31,750) as damages to the former acting national chairman of the Peoples Democratic Party after declaring his arrest and subsequent detention by the commission illegal.

Nevertheless, most detainees found this approach ineffective because, even with legal representation, they often waited years to gain access to court.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary interference, but authorities reportedly infringed on these rights during the year, and police entered homes without judicial or other appropriate authorization. There were reports of warrantless arrests of young men in the Niger Delta region on suspicion of having links with militant groups. In their pursuit of corruption cases, law enforcement agencies reportedly carried out searches and arrests without warrants.

The Federal Capital Development Authority (FCDA) continued to threaten to evict residents in communities not deemed in compliance with the Abuja city master plan. The FCDA typically claimed that demolished homes, businesses, or churches lacked proper permits (even if owners were able to produce documentation indicating the structures were built legally), were unsafe, or posed health hazards. Many civil society organizations and citizens claimed property developers with connections to government officials acquired vacated properties. No transparent legal process existed for deciding which homes the government would demolish. Persons who lost homes lacked recourse to appeal and received no compensation. Many observers viewed the demolitions as motivated primarily by corruption and discrimination based on socioeconomic class, since mostly lower- and middle-class persons lost their homes and property.

For example, the government of Kaduna State issued demolition notices in March to residents of Gbagyi Villa despite a court injunction against the planned demolition. Residents claimed the government had not consulted with them or offered alternative housing or compensation.

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