Agency Report
The BBC Africa Eye has revealed a shocking video evidence that torture is being used by multiple branches of the Nigerian Police and armed forces.
This evidence of torture by the Nigerian Police came to light; after the BBC released the report on Monday, February 10, via its verified YouTube page.
Torture is illegal in Nigeria.
But images from social media show that a particular form of torture—a technique known as ‘tabay’—is widely used in the interrogation and punishment of detainees, including children.
This is a form of torture in which a person’s elbows are tied together behind his back, and the rope is pulled tighter and tighter until his rib cage separates
Origins of ‘tabay’ were explored in the investigative piece which further revealed that in 2014; a senior police officer serving with the Special Anti-Robbery Squad (SARS) was involved in the torture of a young man who later died from his injuries.
The focus of the report was two boys based in Northern Nigeria; who were tortured by SARS in 2019.
“When they were doing this to me, I wish I was dead,” one of the boys told the BBC reporter.
In the graphic video, the boys were subjected to this cruel torture which resulted in the unconsciousness of one of them; the other was begging to be shot.
One of the torturers whose voice can be heard in the background asked the boy if he is ready to die, with the exhausted boy replying affirmatively.
“Yes, let’s go to them. Let them kill us,” he said.
The lacuna in the Anti-Torture Act 2017
The Anti-Torture Act 2017 was passed by the 8th National Assembly and signed into law by President Mohammadu Buhari on December 29, 2017.
Prior to the coming into effect of the Act, there was no law in Nigeria whose sole objective is the prohibition and punishment of torture and other forms of cruel, inhuman or degrading treatment.
Although Section 34 of the Constitution provides that; (1) every individual is entitled to respect for the dignity of his person; and accordingly (a) No person shall be subject to torture or to inhuman or degrading treatment; the Constitution did not explicitly state that the freedom from torture, cruel and inhuman treatment is a non-derogable right.
This perhaps explains the acceptance and continued use of torture, cruel, inhuman and degrading treatment by law enforcement officers.
A human rights lawyer, Justus Ijeoma explained to the BBC team that “there is no circumstance that permits the use of torture under the Nigerian law.”
However, since 2017, new video evidence continues to surface every day.
The origin of ‘tabay’ was traced to a documentary, ‘Cry Freetown’, shot in 1999 at the height of the civil war.
It depicted Nigerian soldiers who were part of the ECOMOG peacekeepers using the techniques on child soldiers.
This was further confirmed by three former Nigerian soldiers who revealed they encountered the technique in Freetown during the course of the war.
“Tabay was used by the rebels to get information from their captives. This includes Liberian and ECOMOG soldiers.”
But this is not where ‘tabay’ originated from.
According to the report from a former Liberian soldier, Mandras Gontee; the technique originated from Libya during the regime of Muammar Qaddafi for his African Revolutionary Forces.
In the town of Banki, Northeast Nigeria, videos of men of the Nigerian Army using ‘tabay’ on victims were released on social media.
The Nigerian Army has pledged to investigate the killings who stated that “Boko Haram fighters sometimes impersonate the Army.”
Video evidence also depicted officials of the Nigerian Police, Airforce and the Civil Defence Corps implicated in the torture of civilians.
Ijeoma further confirmed the unlawful use of ‘tabay’ by SARS officials on civilians in Lagos.
“It is rampant, particularly amongst the SARS operatives. Despite the passage of the Anti-Torture Act, it goes on unabated,” the lawyer lamented.
However, in 2019, a serving SARS official anonymously gave a disturbing account of what transpires in the torture chambers.
“They call it the bicycle ride. The hands and the elbows are tied behind a chair which stops blood circulation. All this happens in a very dark room.
“Sometimes, victims are whipped or electrocuted depending on what the torturer deems fit. Sometimes, two officials electrocute a victim at the same time. Bones are broken sometimes.
“A lot of victims die as a result.”
He further confirmed the presence of these torture chambers in every SARS station across the country.
Why are the offenders not brought to justice?
One of the explanations is that this crude method has its supporters. Some people are of the opinion that this technique is a necessary evil in the fight against the terrorist group, Boko Haram.
The irony of this stance is that the majority of victims are innocent civilians such as the two aforementioned boys, Abba Bashir and Abubakar Mala.
The boys were accused of stealing N30,000 which led to the brutal torture by men of the Nigerian Police.
“I feel it would be better to be shot with a gun,” Bashir recounted. “I felt the pain in my chest and when I was untied, I was stiff.”
The incident happened in June 2019.
Mala said, “They cheated and oppressed us. I could not continue with my studies.”
Due to their travails, a relative of Mala posted the video on Facebook which led to a public apology from the Civilian Joint Task Force.
Meanwhile, the CJTF told the BBC that the organisation and the Nigerian constitution forbids the use of torture.
It further revealed that the official involved in the torture of the boys, Marabuka Karumi; was arrested and prosecuted by the Nigerian Police, along with four others.
However, Nigerians remain skeptical about the provision for a fair hearing since the officials were not charged under the Anti-Torture Act which could have earned them at least 25 years in jail.
Instead, they were charged with “causing hurt without provocation” and were sentenced to three-month imprisonments.
Ijeoma explained that the Act exists just on paper since it has never been used in more than two years of its existence.
“I am not aware of any prosecution after the promulgation of the Anti-Torture Act.”