THE PROHIBITION OF TORTURE AND STATE RESPONSIBILITY: AN ANALYSIS OF THE 2025 UNITED NATION’S TRIENNIAL RESOLUTION AND ITS SIGNIFICANCE FOR NIGERIA

Abstract

The prohibition against torture stands as one of the most sacrosanct principles of international human rights law, elevated to the status of jus cogens and universally recognized as a non-derogable obligation binding upon all states. On 20 November 2025, the United Nations General Assembly adopted its triennial resolution on torture, reaffirming the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, even during armed conflict or states of emergency. This paper critically examines the 2025 UN Triennial Resolution and its implications for Nigeria’s domestic legal framework and state responsibility obligations. Through an extensive analysis of international legal instruments, jurisprudential developments, and Nigeria’s compliance trajectory, this study argues that while Nigeria has made significant legislative strides through the enactment of the Anti – Torture Act 2017 and ratification of the Optional Protocol to the Convention against Torture, substantial gaps persist in implementation, accountability, and victim redress. The paper contends that the 2025 Resolution reinforces the erga omnes character of the torture prohibition and imposes heightened due diligence obligations on states to prevent, investigate, prosecute, and punish acts of torture. For Nigeria, the Resolution serves as both a normative compass and a catalyst for institutional reform, particularly in addressing persistent patterns of police brutality, military detention practices, and the culture of impunity that has historically characterized the state’s response to torture allegations. The study concludes with recommendations for strengthening Nigeria’s National Preventive Mechanism, enhancing judicial capacity, and ensuring effective remedy for victims, thereby aligning domestic practice with international standards.