ECOWAS Court Awards N20million Against Nigerian Govt For Detaining Man 16 Years Without Trial, Orders Immediate Release
Economic Community of West African States (ECOWAS) Court of Justice has ordered the immediate release of Nigerian businessman Moses Abiodun, who has been unlawfully detained since 2009 without trial.
In a ruling delivered on Thursday, the ECOWAS court also ordered the Nigerian Government to pay the sum of N20 million in compensation for what it described as “multiple violations” of Abiodun’s fundamental human rights.
According to the News Agency of Nigeria (NAN), Abiodun filed suit number ECW/CCJ/APP/56/22, claiming that he was arrested in November 2008 by operatives of the now-defunct Special Anti-Robbery Squad (SARS) and detained for five months without charge.
He said he was later remanded on March 23, 2009, by a Magistrates’ Court in Lagos State.
However, throughout the 16 years of his detention, Abiodun stated he was never formally charged, tried, or convicted.
The applicant argued that his detention amounted to a gross violation of his rights under the African Charter on Human and Peoples’ Rights and other international treaties to which Nigeria is a signatory.
In its defence, the Nigerian government denied the allegations and challenged the authenticity of the remand warrant.
The Nigerian government also questioned the admissibility of the case.
But delivering judgment, the court held that the prolonged detention constituted a grave violation of Abiodun’s rights to liberty, freedom of movement, and protection from inhuman and degrading treatment.
The court ruled that the detention was in breach of Article 6 of the African Charter and Article 9 of the International Covenant on Civil and Political Rights (ICCPR) concerning the right to liberty, and Article 12 of both the African Charter and ICCPR regarding freedom of movement.
The court further ruled that the action of the Nigerian government against Abiodun was in breach of Article 7(1)(d) of the African Charter concerning the right to trial within a reasonable time, and Article 5 of the African Charter and Article 7 of the ICCPR on the prohibition of inhuman and degrading treatment.
The continued detention of the applicant without trial is tantamount to anticipatory punishment and constitutes inhuman and degrading treatment,” the court declared.
The judgment was delivered by a three-member panel presided over by Justice Sengu Koroma, Vice President of the ECOWAS Court.
Justice Edward Asante read the judgment, with Justice Gbéri-bè Ouattara also serving on the panel.
The court reiterated its order for the immediate release of Abiodun and mandated the Nigerian government to pay N20 million in damages for the gross human rights violations he endured.
The ECOWAS court ruling underscores the growing scrutiny of prolonged and unlawful detentions in Nigeria.
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