The Economic Community of West African States (ECOWAS) Court of Justice has ruled against the Federal Republic of Nigeria for violating the fundamental human rights of Oluwatimilehin Adebayo, ordering the government to pay N5 million in compensation.
The case centered on Adebayo’s claim of severe torture and inhumane treatment at the hands of police officers in Ogun State.
In its landmark decision, the ECOWAS Court also directed Nigeria to conduct a “prompt, impartial, and effective” investigation into the allegations. Furthermore, the court urged the prosecution of all individuals found culpable in the acts of torture.
Details of the Case
Filed under suit number ECW/CCJ/APP/47/23, Adebayo’s case detailed horrific abuse, including being beaten with the handle of an axe and restrained with chains tied to a pole. He claimed these acts inflicted both physical injuries and psychological trauma, including severe scrotal damage.
Seeking justice, Adebayo approached the ECOWAS Court, requesting compensation for the harm he endured. The Nigerian government, however, challenged the court’s jurisdiction, arguing that the case was statute-barred, as it was filed beyond the three-year limitation period outlined in the court’s rules.
The government also contended that the case fell outside the ECOWAS Court’s mandate, claiming it was a matter already addressed or pending (sub judice) before Nigerian courts.
Court’s Ruling
Presiding over the case, Justice Dupe Atoki dismissed Nigeria’s objections, affirming the court’s jurisdiction to hear the matter. Justice Atoki clarified that the statute of limitations under Article 9(3)(b) of the ECOWAS Court’s Protocol does not apply to cases involving human rights violations.
The court found that the actions of the police constituted torture, violating Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory. In its judgment, the court stated:
“The torture was intentional and aimed at coercing the applicant into signing a pre-written statement.”
The panel determined that Nigeria had failed to protect Adebayo’s right to freedom from torture and awarded him N5 million as compensation. However, the court dismissed Adebayo’s claim that his right to a remedy was violated, citing insufficient evidence that he had formally reported the abuse to the appropriate authorities.
Broader Implications
The decision highlights the ECOWAS Court’s commitment to upholding human rights in the region. By rejecting Nigeria’s jurisdictional challenges, the court underscored its authority to hear cases involving human rights abuses, even when domestic courts are involved.
Justice Sengu Koroma presided over the panel, with Justice Dupe Atoki serving as the judge rapporteur and Justice Gberi-Bè Ouattara as a member.
This ruling sends a clear message about the importance of accountability and adherence to international human rights standards. It also shines a spotlight on the persistent issue of police brutality in Nigeria, emphasizing the need for systemic reforms to prevent future violations.
