Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Nigeria’s Manual on the Laws of War provides that it is particularly prohibited to torture the wounded and sick.
The manual specifies that torture or inhuman treatment and wilfully causing great suffering or serious injury to body or health are grave breaches of the 1949 Geneva Conventions and serious war crimes.
Nigeria’s Military Manual (1994) recalls the content of Article 12 of the 1949 Geneva Convention I and prohibits subjecting the wounded and sick to torture. It adds that military forces “are not allowed to make recourse to physical or mental torture or any form of coercion”.
Nigeria’s Geneva Conventions Act (1960) punishes any person who “whether in or outside the Federation, … whatever his nationality, commits, or aids, abets or procures any other person to commit any such grave breach of any of the [1949 Geneva] Conventions”.
Nigeria’s Armed Forces Act (1993), as amended in 1994, states:
93. Disgraceful conduct
A person subject to service law under this Act who is guilty of a disgraceful conduct of a cruel, indecent or unnatural kind is liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.