IMPACT OF THE UNITED NATION CONVENTION AGAINST TORTURE ON THE PROTECTION OF HUMAN RIGHTS IN THE ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM IN NIGERIA
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Keywords:
Torture, Human Rights, Accused Person, Criminal Justice, Police and ConstitutionAbstract
This paper adopts qualitative research methods and as such relies largely on secondary sources of data, the research doctrinally study the UN convention against torture in line with the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Evidence Act and some decided criminal cases. The research found out that the content of the said convention is indeed reproduced in the country’s local laws in substance and in form. The research found out further that in majority of criminal trials, issue of torture is raised by the defense attorney when an investigation police officer sought to tender a statement of an accused person.
The research further used secondary data collected from the High Court of Justice of Jigawa State numbers one and four in accessing the level of human rights abuse in the process of investigation and found out that in every five criminal cases, four out of them pass through trial within trial to determine the voluntariness of a supposed confessional statement made to the investigation police officer during the investigation. Finally, the paper made far-reaching recommendations which include amending the constitution so as to include mandatory presence of defense attorney before taking the statement of an accused person and heavy criminal liability and disciplinary action against any police officer that is found involved in torture.
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