
December 05, (THEWILL) – December 05, (THEWILL) – The ECOWAS Court of Justice has ordered the Nigerian government to pay N5 million as compensation to a citizen, Oluwatimilehin Adebayo, for the violation of his human rights.
In a landmark judgment delivered on Thursday, the court also directed Nigeria to conduct a “prompt, impartial, and effective” investigation into Adebayo’s alleged torture by police officers in Ogun State and prosecute those responsible.
Adebayo, in a suit marked *ECW/CCJ/APP/47/23*, alleged that he was brutally tortured by police operatives, who reportedly beat him with the handle of an axe and restrained his limbs with chains tied to a pole.
He claimed the physical abuse caused severe injuries, including trauma to his scrotum, and left him with significant psychological distress.
In his petition, Adebayo prayed for justice and remedial compensation for the inhumane treatment he endured.
The Nigerian government, however, challenged the case on two grounds: that it was filed outside the three-year limitation period stipulated by the ECOWAS Court’s rules and that the matter was sub judice, as it had either been decided or was pending before a Nigerian court.
Delivering the judgment, Justice Dupe Atoki, who read the decision of the three-member panel, dismissed Nigeria’s preliminary objections.
She clarified that the statute of limitations under Article 9(3)(b) of the ECOWAS Court’s Protocol does not apply to human rights violations, making the case admissible.
The court ruled that the torture meted out to Adebayo constituted a violation of Article 5 of the African Charter on Human and Peoples’ Rights, which prohibits torture and other cruel, inhuman, or degrading treatment.
“The torture was intentional and aimed at coercing the applicant into signing a pre-written statement,” the court stated.
The court awarded Adebayo N5 million in damages for the violation of his rights but dismissed his claim that his right to remedy was violated. It noted that there was no evidence he had formally reported the abuse to relevant authorities.
The panel, presided over by Justice Sengu Koroma, included Justice Dupe Atoki as the judge rapporteur and Justice Gberi-Bè Ouattara as a member.
This ruling reinforces the ECOWAS Court’s role in protecting human rights within the region and underscores the need for accountability in cases of police brutality.
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