Anti-Torture Act: MRA Gets Court’s Nod To Move Against AGF

A Federal High Court in Lagos has granted Media Rights Agenda (MRA) leave to apply for an order of mandamus against the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) over the implementation of the Anti-Torture Act, 2017.

The mandamus would compel Malami to exercise the mandatory legal duty stipulated in Section 11 of the Anti-Torture Act, 2017 to make rules and regulations for the effective implementation of the Act.

Justice Tijjani Ringim issued the order following a motion by MRA’s counsel Mrs. Bankeye Akinwale arguing that although Section 11 of the Act mandated the AGF to make rules and regulations, he has failed to do so.

She further contended that despite the enactment of the Act in 2017, there have continued to be various allegations made by journalists, and other individuals and citizens of Nigeria of being subjected to torture, inhuman, or degrading treatment by officials of law enforcement agencies and other government officials and non-state actors.

It said in an effort to ensure that the AGF complies with the law, it wrote a letter of demand dated August 20, 2021, to him requesting him to perform the statutory duty imposed on him by the Act, but that the Minister had “failed, neglected and refused” to comply.

Ruling on the motion, Justice Ringim granted the MRA’s prayer but added that the grant of the order is conditional on MRA filing a written undertaking for costs within two days of the ruling in the event that it turns out that the order ought not to have been granted in the first place.
“An order of mandamus compelling the AGF to carry out the duty imposed on him by Section 11 of the Act;

“An order of mandamus compelling the AGF to carry out the request contained in MRA’s letter of demand dated August 20, 2021, delivered to him on August 23, 2021, wherein MRA requested him to make the rules and regulations for the effective implementation of the Act;

“An order directing the AGF to pay to the organisation the sum of N5 million as exemplary and aggravated damages for the flagrant violation of Section 11 of the Anti-Torture Act, 2017.”