Nigeria Considers Constitutional Amendment to Halt Public Parades of Suspects
Abuja, Nigeria – The Nigerian House of Representatives is currently deliberating a significant constitutional amendment bill aimed at prohibiting the practice of parading criminal suspects in public by law enforcement agencies. This move comes after decades of persistent criticism from human rights organisations, the judiciary, and various civil society groups across the nation.
The proposed amendment, a key recommendation from the House Committee on Constitution Review, chaired by Deputy Speaker Benjamin Kalu, is slated for debate upon the National Assembly’s resumption from its Christmas and New Year recess. At the heart of this legislative push is a proposed alteration to Section 34 of the 1999 Constitution of the Federal Republic of Nigeria, which enshrines the fundamental right to human dignity.
The existing Section 34 currently states: “Every individual is entitled to respect for the dignity of his person and accordingly— (a) no person shall be subjected to torture or to inhuman or degrading treatment; (b) no person shall be held in slavery or servitude.”
The proposed amendment seeks to significantly expand and clarify the definition of what constitutes torture, inhuman, or degrading treatment by introducing a new subsection. This addition aims to explicitly outlaw the public parading of individuals who have been arrested. The new provision is expected to read: “For the purpose of Sub-section (1), torture, inhuman or degrading treatment includes parading persons arrested by the police or any other law enforcement agency in the public.”
For many years, the public display of individuals accused of crimes—often labelled as criminals before any formal conviction—has been a common, albeit controversial, feature of police operations throughout Nigeria. Arrested individuals have frequently been presented before the media, photographed, and in some instances, compelled to reenact alleged offences, even when investigations are ongoing and court proceedings have not yet commenced.
Human rights advocates have consistently argued that this practice fundamentally contravenes the constitutional principle of the presumption of innocence. They assert that such public displays subject suspects to unwarranted humiliation, lasting stigma, and severe psychological distress.
The judiciary has also, on multiple occasions, expressed strong disapproval of this practice. Numerous court rulings have deemed the parading of suspects as a violation of fundamental human rights and an overreach of authority by law enforcement agencies. However, despite these judicial pronouncements, the practice has regrettably continued, fuelling calls for more robust constitutional and legal protections.
International Standards and Human Rights Alignment
In response to the proposed amendment, prominent pro-democracy advocate and founder of Women Arise, Dr. Joe Okei-Odumakin, lauded the House of Representatives for initiating steps to harmonise Nigeria’s legal framework with established international human rights standards.
Dr. Okei-Odumakin highlighted the existing international consensus against torture and ill-treatment. She stated:
- “There is an existing absolute ban on torture and other cruel, inhuman or degrading treatment of persons, which undermines personal dignity under International Humanitarian Law and International Human Rights Law.”
- “The prohibition of torture and other forms of ill-treatment derives from the Geneva Conventions of 1949, their Additional Protocols of 1977, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984, and other international instruments.”
- “The IHL and IHRL converge and complement each other in establishing a comprehensive legal framework for the prevention and punishment of acts of torture and other forms of ill-treatment.”
- “The House of Representatives is therefore in order in amending the 1999 Constitution to reflect such global best practices.”
The proposed constitutional amendment represents a significant step towards ensuring that Nigeria’s legal practices align with the global recognition of human dignity and the rights of individuals, regardless of their legal standing. By explicitly prohibiting the public parade of suspects, the amendment aims to safeguard the presumption of innocence and protect individuals from the potentially devastating consequences of public shaming before due legal process has concluded. The legislative journey of this bill will be closely watched as it progresses through the National Assembly.
