ECOWAS
Dec.5, 2024
The ECOWAS Court has ordered Nigeria to pay five million naira as compensation to citizen Oluwatimilehin Adebayo, for the violation of his right to freedom from torture.
Adebayo had approached the court with the suit marked: Oluwatimilehin Adebayo v. Federal Republic of Nigeria (ECW/CCJ/APP/47/23), alleging torture by police officers in Ogun.
The petitioner had claimed that the police operatives subjected him to severe physical abuse by beating him with the handle of an axe and tying his limbs to a pole, with chains.
Adebayo further alleged that the police brutality caused him physical injuries, including trauma to his scrotum, and left him suffering from significant psychological distress and, therefore, prayed for remedial compensation.
Responding, Nigeria had challenged the court’s jurisdiction, arguing that the case was filed outside the three-year period that is stipulated by the Court’s rules, and was, therefore, statute-barred.
Nigeria also contended that the court lacked jurisdiction to entertain the suit because it would amount to reviewing a case that had already been decided or was pending (sub judice)before a Nigerian court.
Delivering judgment, Justice Dupe Atoki, who read the three-member panel’s decision, dismissed Nigeria’s preliminary objections, saying it had jurisdiction to hear human rights cases within the Community Court’s jurisdiction.
According to her, the statute of limitations under Article 9(3)(b) of the Court’s Protocol does not apply to human rights violations, hence, the matter was admissible.
The court further held that the victim’s maltreatment constituted an act of torture, which violated Article 5 of the African Charter on Human and Peoples’ Rights, to which Nigeria is a party.
“The torture was intentional and aimed at coercing the applicant into signing a pre-written statement,” the court held.
Consequently, it ordered the Nigerian government to pay the sum of million naira in compensation to the victim for the violation of his right to freedom from torture.
The court, however, dismissed the the applicant’s claim that his right to remedy was violated, noting there was no evidence that he had formally reported the abuse to relevant authorities.
The court’s panel, was presided by Justice Sengu Koroma, had Justice Dupe Atoki as the judge rapporteur and Justice Gberi-Bè Ouattara as a member.(NAN)
