The Federal Republic of Nigeria has been ordered by the ECOWAS Court of Justice to compensate Oluwatimilehin Adebayo ₦5 million for the infringement of his right to be free from torture.
In its ruling, delivered by Justice Dupe Atoki and forwarded to our correspondent on Thursday, the court directed the Nigerian government to promptly investigate the torture Adebayo endured. The investigation should be impartial, effective, and should lead to charges being brought against those responsible for the abuse.
Adebayo filed a lawsuit under the case number ECW/CCJ/APP/47/23, claiming he was subjected to severe abuse by Ogun State police officers. His accusations include being beaten with an axe handle and having his limbs chained to a pole. The traumatic experience caused him significant psychological distress, in addition to bodily harm, which included scrotal damage. These claims were outlined in the lawsuit Adebayo brought before the ECOWAS court.
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In response, the Nigerian government challenged the court’s jurisdiction, arguing that the case was filed beyond the three-year limitation period stipulated under the court’s rules. The government further contended that the matter was either pending or already decided in a Nigerian court, hence the case should not be considered by ECOWAS. However, the ECOWAS Court dismissed these preliminary objections, asserting its jurisdiction to hear cases related to human rights violations. Justice Atoki further clarified that, “The three-year limitation period under Article 9(3)(b) of the Court’s Protocol does not apply to cases of human rights violations.”
The court examined the facts of the case and determined that the actions of the police officers amounted to torture, in violation of Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory. It was noted that the police’s actions were intentional and designed to force Adebayo into signing a pre-written statement. As a result, the court ordered the Nigerian government to pay ₦5 million as compensation to Adebayo for the violation of his right to freedom from torture.
Furthermore, the court emphasized that Nigeria must conduct a prompt, impartial, and effective investigation into the allegations of torture and ensure that those responsible are prosecuted. However, the court dismissed the applicant’s claim regarding the violation of his right to a remedy, citing the lack of evidence that Adebayo had formally reported the abuse to the relevant authorities before filing the case with the court.
