The ECOWAS Court of Justice has directed the Federal Republic of Nigeria to pay ₦5 million in compensation to Oluwatimilehin Adebayo for the violation of his right to freedom from torture.
The court further ordered the Nigerian government to conduct a prompt, impartial, and effective investigation into the incident and prosecute those responsible.
Adebayo, in his suit (ECW/CCJ/APP/47/23), accused police officers from Ogun State of subjecting him to severe physical abuse.
He alleged that he was beaten with the handle of an axe and had his limbs tied with chains to a pole, resulting in physical injuries, scrotal trauma, and significant psychological distress.
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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. It also contended that the matter fell outside the court’s purview, as it involved a case potentially sub judice or already decided by a Nigerian court.
However, the ECOWAS Court dismissed these objections, asserting its jurisdiction over human rights violations and clarifying that the three-year limitation period does not apply in such cases.
In a judgment delivered by Justice Dupe Atoki, the court ruled that the acts of torture violated Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory.
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“The torture was intentional and aimed at coercing Mr. Adebayo into signing a pre-written statement,” the court stated. It consequently ordered Nigeria to pay the compensation and investigate the abuse.
While awarding damages, the court dismissed Adebayo’s claim that his right to a remedy had been violated, citing a lack of evidence that he formally reported the abuse to relevant authorities.
This ruling underscores the ECOWAS Court’s commitment to upholding human rights across member states.
