ECOWAS court orders Nigeria to pay N5m to torture victim

Oluwatimilehin Adebayo's right to be free from torture was violated, and the Federal Republic of Nigeria was ordered by the ECOWAS Court of Justice to pay him ₦5 million.

Additionally, the court mandated that Nigeria investigate the torture promptly, impartially, and effectively and bring charges against those involved.

In a lawsuit filed under the name ECW/CCJ/APP/47/23, Adebayo claimed that certain Ogun State police officers had severely abused him, striking him with an axe handle and binding his limbs to a pole with chains.

He claimed that this experience left him in severe psychological distress and resulted in physical harm, including scrotal damage.

But the Nigerian government, the respondent, contested the court's jurisdiction, claiming that the matter was filed outside the three-year limitation period stipulated under the Court’s rules, rendering it statute-barred.

It also argued that the Court lacks jurisdiction to hear the matter, arguing that it would involve reviewing a case that is either pending (sub judice) or already decided by a municipal court within the respondent state.

However, the court, in its judgment sent to our correspondent via email on Thursday, dismissed Nigeria’s preliminary objections, asserting its jurisdiction to hear human rights cases.

It 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.
According to Justice Dupe Atoki's ruling, the court determined that these actions violated Article 5 of the African Charter on Human and Peoples' Rights, to which Nigeria is a party, and amounted to torture.

The Court observed that the purpose of the deliberate torture was to force Mr. Adebayo to sign a pre-written statement. As a result, it mandated that the Federal Republic of Nigeria compensate the applicant for the infringement of his right to be free from torture with ₦5 million.

Additionally, it mandated that Nigeria look into the torture as soon as possible, impartially, and effectively, and bring charges against those involved.

Nevertheless, the Court rejected the allegation that the applicant's remedy rights had been infringed, pointing out that there was no proof the applicant had formally reported the abuse to relevant authorities,” it added.