The Economic Community of West African Countries (ECOWAS) Court of Justice has directed the Federal Government of Nigeria to compensate Oluwatimilehin Adebayo with ₦5million for violating his right to freedom from torture.
In a judgement delivered by Justice Dupe Atoki, the regional court found that Adebayo had been subjected to physical abuse by police officers in Ogun State. According to the suit marked ECW/CCJ/APP/47/23, Adebayo alleged that the officers beat him with the handle of an axe, chained him to a pole, and inflicted injuries, including trauma to his scrotum. He also reported suffering significant psychological distress from the ordeal.
The court ruled that the actions constituted torture and violated Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory. Justice Atoki noted, “The torture was intentional and aimed at coercing Mr. Adebayo into signing a pre-written statement.”
In addition to awarding the N5m compensation, the court ordered the Nigerian government to conduct a prompt, impartial, and effective investigation into the incident and prosecute those responsible.
However, the claim that Adebayo’s right to a remedy had been violated was dismissed. The court stated that there was no evidence that he had formally reported the abuse to the relevant authorities.
The Federal Government had challenged the court’s jurisdiction, arguing that the case was statute-barred under the three-year limitation period stipulated in Article 9(3)(b) of the court’s protocol. It also claimed that the matter was either pending or had already been decided by a local court, rendering it outside the ECOWAS Court’s purview.
The ECOWAS court, however, dismissed the objections, asserting its jurisdiction to hear human rights cases. It clarified that the three-year limitation does not apply to cases involving human rights violations.
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