THE ECOWAS Court of Justice has awarded N5 million naira to Oluwatimilehin Adebayo, a victim of torture in Nigeria – as compensation for the violation of his right to freedom from torture.
The court, in a statement posted on its website, also ordered the Nigerian government to conduct a prompt, impartial, and effective investigation into the torture and prosecute those responsible.
In the lawsuit marked, ECW/CCJ/APP/47/23, filed by Adebayo, he accused the Nigerian police officers in Ogun State of severe physical abuse, including beating him with an axe handle and chaining his limbs to a pole.
He claimed this ordeal caused physical injuries, including scrotum trauma, and significant psychological distress.
The Nigerian government challenged the court’s jurisdiction, arguing that the case was filed outside the three-year limitation period and that the court lacked jurisdiction.
However, the court, led by Dupe Atoki, dismissed Nigeria’s objections, asserting its jurisdiction over human rights cases.
It clarified that the three-year limitation period didn’t apply to human rights violations.
The court held that these acts constituted torture, violating Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a party.
The court observed that Adebayo was intentionally tortured to coerce him into signing a pre-written statement.
According to the court, the Nigerian government is to pay Adebayo ₦5 million in compensation for violating his right to freedom from torture.
However, the court rejected the claim that Adebayo’s right to a remedy was violated, stating that there was no evidence that he formally reported the abuse to the relevant authorities.
The three-member panel of the court includes Sengu Mohamed Koroma (presiding judge), Atoki (judge rapporteur), and Gberi-Bè Ouattara (panel member).
The ECOWAS Court of Justice had earlier in November 2024 ordered the Nigerian government to pay ₦10 million in compensation to Glory Okolie, a Nigerian student who was unlawfully detained and maltreated by the police.
Okolie was arrested on June 13, 2021, and detained without judicial authorisation. She was denied legal representation.
The court found that Okolie’s detention violated her rights under the African Charter on Human and Peoples’ Rights and the Revised ECOWAS Treaty.
The Federal Government had claimed that Okolie was associated with the Indigenous People of Biafra, a proscribed group in Nigeria, but the court rejected this defence.
In addition to the compensation, the court also directed the government to implement measures to prevent future human rights violations. The ruling was a significant step in holding the Nigerian government accountable for human rights abuses prevalent in the country.
A reporter with the ICIR
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