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ECOWAS Court Orders Nigeria To Pay ₦5 Million for Torture Of Adebayo
The ECOWAS Court of Justice has ordered the Nigerian government to pay ₦5 million in compensation to Oluwatimilehin Adebayo for the violation of his right to freedom from torture.
In its judgment, delivered by Justice Dupe Atoki and shared with our correspondent on Thursday, the court directed the Nigerian authorities to conduct a thorough, impartial, and effective investigation into the torture Adebayo suffered, with a view to prosecuting those responsible.
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EKO HOT BLOG reports that Adebayo, in his case marked ECW/CCJ/APP/47/23, accused police officers in Ogun State of subjecting him to brutal physical abuse, including being beaten with the handle of an axe and having his limbs chained to a pole.
He claimed the torture caused severe physical injuries, including trauma to his scrotum, and left him with lasting psychological distress.
The Nigerian government had contested the court’s jurisdiction, arguing that the case was filed beyond the three-year limitation period stipulated in the court’s rules and that the matter was either pending or already decided by a Nigerian court. However, the ECOWAS Court dismissed the objections, asserting its jurisdiction over human rights violations. Justice Atoki clarified that the three-year limitation period under Article 9(3)(b) of the Court’s Protocol does not apply to cases involving human rights violations.
The court ruled 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 emphasized that the torture was intentionally carried out to force Adebayo into signing a pre-written statement.
ECOWAS Court Torture Adebayo
Consequently, the court ordered the Nigerian government to compensate Adebayo with ₦5 million for the violation of his right to freedom from torture. It also mandated that the government carry out a prompt, impartial, and effective investigation into the abuse and ensure that those responsible are held accountable.
However, the court dismissed Adebayo’s claim that his right to a remedy had been violated, citing a lack of evidence that he had formally reported the abuse to the relevant authorities.
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