BEING PRESENT DURING TORTURE WITHOUT PARTICIPATING IN IT, IS A CRIME.* Daily Law Tips (Tip 464) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Torture is the intentional infliction of mental or physical pain/suffering on a person ignorer to obtain information/confession, or punish, intimidate and force him or a third party.

Torture includes; beatings, food deprivation, rubbing of pepper/chemicals, assuming of stressful bodily positions, rape, exposure to cold/sunlight, use of drugs, blindfolding, threat, prolonged interrogation, unscheduled transfer of persons, secret detention, denial of sleep, shaming, stripping naked and parading in public places. There is no justification for torture, not even war, national security or high profile case.

Any person that witnesses or is present when torture is being conducted is as liable as the person that conducted torture. He is deemed as having participated in torture. This applies to any person; military, para-military or civilian. The punishment for torture is imprisonment for not more than 25 years and there is no option for fine.

My authorities are sections 2, 8(1) and 14 of the Anti-Torture Act, 2017 and section 35 of the Constitution of the Federal Republic of Nigeria, 1999.

My authorities are sections 2, 8(4) and 14 of the Anti-Torture Act, 2017 and section 35 of the Constitution of the Federal Republic of Nigeria, 1999.

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Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Onyekachi Umah is an exceptional Legal Practitioner, Arbitrator, Notary Public and Legal Awareness Expert with over a decade of experience in civil law, criminal law and human rights. He holds a Master of Laws; a Master of Business Administration (mini) and he is a doctoral candidate. Mr Umah is the Managing Partner of the law firm of Bezaleel Chambers International (BCI), where he consults and provides legal services to several national and international organisations, including the United Nations. Aside from his very engaging legal practice, Mr Umah runs a legal awareness organisation (Sabi Law Foundation) and he diligently publishes free daily law tips, every day on www.LearnNigerianLaws.com since 2017. He has published over 820 legal articles in diverse areas of law, delivered over 35 public lectures, anchored over 67 law radio/tv shows and supported several legal and developmental projects across Africa. Click to read more.

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